A. As to the prosecutor's assertion of mistake of facts or misapprehension of the legal principles [in the case of divulgence of public duties, whether the "Plan for Organization Reorganization of the Ministry of Land, Infrastructure and Transport" or "the 2013 Railroad and Urban Railroad Budget" constitutes public duties secrets] Article 127 of the Criminal Act is the constituent element of the disclosure of official secrets by a person who is or was a public official pursuant to the law. The "official secrets pursuant to the law" in the same Article is not necessarily defined as confidential or defined as confidential under the law, but includes not only matters classified as confidential depending on political, military, diplomatic, economic, and social needs, but also matters of considerable benefits that the government or public office or public office is not known from the objective and general point of view, but also matters that are worth protecting them. This crime is not to protect the confidentiality itself, but to protect the interests of a public official, namely, those risks by infringement of the duty of confidentiality of a public official, and to protect the function of a country threatened with the leakage of secrets (see Supreme Court Decision 2010Do14734, Mar. 15, 201).

The main contents of the plan are to establish a public-private partnership department and to integrate the high-speed railway with the exclusive organization of the private-private partnership project, based on the background of strengthening the railroad policy function, re-ordinate the division of duties following changes in the working conditions, and the necessity of the private-private partnership project, and to operate it as a railroad construction. The detailed contents of the plan are attached, and it is not clear what the function of the country is substantially infringed or threatened, and there is insufficient evidence to recognize it.