[공직선거및선거부정방지법위반][공2003.7.15.(182),1561]
The case holding that the act of a defendant, the executive secretary of the committee, who paid the unpaid portion of the special contributions scheduled to be paid to the committee by the chairperson of the residents' autonomous committee who was scheduled to run for local elections, constitutes "an act of contributing money or goods within the previous scope" under Article 50 (5) 2 (q) of the Rules on the Management of Public Officials Election.
The case holding that the act of a defendant, the executive secretary of the committee, of special contributions to be paid by the chairperson of the residents' autonomous committee who was scheduled to run for local elections, constitutes "an act of contributing money or goods which has been contributed periodically within the previous scope" under Article 50 (5) 2 (a) of the Rules on the Management of Election of Public Officials, as one of the ordinary contributions not considered as a contribution act under Article 112 (2) 7 of the Election of Public Officials and the Prevention of Unlawful Election Act.
Article 112(2)7 of the Act on the Election of Public Officials and the Prevention of Unlawful Election, and Article 50(5)2(q) of the Rules on the Management of Election of Public Officials
Defendant
Defendant
Law Firm Sejong, Attorney Jeon Ha-han
Daegu High Court Decision 2002No552 delivered on January 16, 2003
The judgment below is reversed, and the case is remanded to the Daegu High Court.
1. Summary of the facts charged
The summary of the facts charged of this case is that "the defendant is the executive secretary of the 1st Dong residents' autonomous council for the purpose of helping the Non-Party 1 in the Daegu North-gu, and scholarship project. The defendant's first Dong on February 18, 2002, which was scheduled to be held on June 13 of the same year, paid in lieu of Non-Party 1, the chairperson of the committee, who was scheduled to be a member of the 1 Dong-dong council for the 1 Dong-dong district in the 3rd local election in the 1st Dong-gu, Daegu-gu, the 3 million won local government election, which was scheduled to be held on June 13 of the same year, to be a special contribution, paid in lieu of Non-Party 1, the unpaid amount of KRW 2 million in the previous year out of the 3 million local government election to be paid as the special contribution to the committee."
2. The judgment of the court below
In full view of the adopted evidence, the court below found that the residents' autonomous council of this case was organized on 2000. According to its operational rules, it was part of the members' contributions to operate the committee. The contributions refer to the annual fees paid by the members. The annual fees are set by the committee. The above committee requested the non-indicted 1, who was the chairperson of the committee to pay special contributions for finance, to pay 3 million won on 2000.3 million won on 201 and 3 million won on 2001 as special contributions. Accordingly, the non-indicted 1 paid 3 million won on 200.3 million won on 2nd installment of 200.3 million won on 2nd of 201.3 billion won on 2nd of 2nd of 201, and it is difficult to view that the change in the previous rules on election for public office constitutes an ordinary contribution within the scope of 1 to 2nd of 2nd of 2nd of 200.
3. The judgment of this Court
However, it is difficult to accept such judgment of the court below.
According to the facts and records acknowledged by the court below, the residents' autonomous council of this case started with the above 20th anniversary of the 10th anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 1st anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 20th anniversary of the 1st anniversary of the 20th anniversary of the 20th anniversary of the 1st anniversary of the 20th anniversary of the 20th anniversary of the 1st anniversary of the 20th anniversary of the 20th anniversary of the 1st anniversary of the 20th anniversary of the 2nd anniversary of the 20th anniversary of the 2nd anniversary of the 1st anniversary of the 20th anniversary of the 2nd anniversary of the 20th anniversary of the 2nd anniversary of the 20th anniversary of the 3th anniversary of the 20th anniversary of the 200th of the 3rd of the 20th anniversary of the 2000th of the 3rd of the 200000.
Nevertheless, the court below concluded that the above act does not constitute a customary act. The court below erred in the misapprehension of legal principles as to the customary act which is not considered as a contribution act, and it has affected the conclusion of the judgment.
4. Conclusion
Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.
Justices Yoon Jae-chul (Presiding Justice)