[변호사법위반][집24(3)형,6;공1976.10.15.(546),9356]
Whether it can be seen that the appointment of the president of a fisheries cooperative by the National Federation Chairperson belongs to the affairs handled by a public official.
It is difficult to readily conclude that the appointment of the president of a fisheries cooperative by district by the National Federation Chairperson belongs to public duties, and under Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 2-3 of the Enforcement Decree of the Act on the Aggravated Punishment, etc. of Specific Crimes, there is no ground to deem that the National Federation Chairperson naturally holds the status of a public official regardless of the aforementioned duties, in addition to those to be regarded as a public official
Defendant
Park Jong-chul
Seoul Criminal Court Decision 76No3309 delivered on June 3, 1976
The judgment of the court below is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.
The first ground for appeal by the defense counsel is examined.
According to the reasoning of the judgment below, the court below held that the National Federation Chairperson of Fisheries Cooperatives included the concept of a public official, and therefore, on the premise that the National Federation Chairperson of the Young-gun Fisheries Cooperatives, which is a district cooperative like this case, appointed the head of the Young-gun Fisheries Cooperative, constitutes a public official's business, the defendant's act of receiving money and valuables under the name of solicitation for appointment, as it is maintained the judgment of the
However, in general, the term "public official" means a "employee engaged in public service in accordance with the laws and regulations." In light of the purpose of the National Federation of Fisheries Cooperatives under Article 107 of the Fisheries Cooperatives Act and the business contents of the National Federation under Article 132 of the same Act, there is no reason to conclude that the appointment of the head of the district fisheries cooperative in particular belongs to "public service" in this case, and there is no ground to regard that the National Federation Chairperson of the Fisheries Cooperatives under Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 2, Article 3 of the Enforcement Decree of the same Act shall naturally hold the status of a public official regardless of the above business affairs.
Therefore, the judgment of the court below on the premise that the appointment of the president of the Young-gun Fisheries Cooperatives in this case belongs to the duties of public officials immediately conducted by the president of the Fisheries Cooperatives shall not affect the conclusion of the judgment by misunderstanding the concept of public officials under Article 54 of the Attorney-at-Law Act or the legal principles on the case or affairs he handles. Thus, the ground of appeal No. 2 does not require the determination of the ground of appeal No. 2 is reversed by accepting the
Justices Lee Young-young (Presiding Justice)