1. As to the assertion of misapprehension of legal principles as to the application of legal fiction provision to public officials

A. Article 53 of the former Act on the Management of Public Institutions (amended by Act No. 8258, Jan. 19, 2007; Act No. 14076, Mar. 22, 2016; hereinafter “Public Institutions Operation Act”) provides that “The executives and employees of public corporations and quasi-governmental institutions, members of the operating committee, and members of the executive recommendation committee who are not public officials shall be deemed public officials in the application of Articles 129 through 132 of the Criminal Act, and D is a quasi-governmental institution designated and publicly notified pursuant to the Public Institutions Operation Act.”

Meanwhile, Article 129-2 of the Road Traffic Act (amended by July 23, 2010) provides that "Any executive or employee of D shall be deemed a public official in applying penal provisions under the Criminal Act or other Acts with respect to the duties provided in subparagraphs 11 through 13 of Article 123 and the duties provided in Article 147 (5) and (6)."

In this context, "business activities under subparagraphs 11 through 13 of Article 123" refers to business activities concerning driver's license tests, business concerning aptitude tests for persons with driver's license, business concerning road traffic safety entrusted by the State or a local government, and "business activities performed by D under Article 147 (5) and (6)" refers to business activities involving driver's license by the commissioner of a district police agency or the Commissioner General of the Korean National Police Agency, or business affairs concerning qualification examinations and issuance of certificates for instructors and skill examiners

B. According to the above provisions, since January 19, 2007 under the Act on the Management of Public Institutions, executives and employees of D are deemed public officials only for the application of the crime of bribery, etc. under the Criminal Act. However, following the revision of the Road Traffic Act on July 23, 2010, regulations deemed as public officials in relation to the administration of driver's license tests on behalf of D were newly established.

The ground of appeal is justified.