1. As to the grounds for appeal by Defendant C, Article 15(4) of the former Act on Testimony, Appraisal, etc. at the National Assembly (amended by Act No. 14747, Mar. 21, 2017; hereinafter “former Act on Testimony of the National Assembly”) provides that if a complaint is filed by the plenary session or committee, the prosecutor shall terminate the investigation within two months from the date on which the written accusation is received. However, the lower court did not accept the Defendant C’s assertion that the instant indictment is unlawful on the ground that it is not a provision on the prescription of a public prosecution but a provision on an order to urge the prosecutor to investigate promptly.

The judgment below

Examining the reasoning in light of the relevant legal principles, the lower court did not err by misapprehending the legal doctrine on Article 15(4) of the former Act on the Appraisal of Testimony at the National Assembly.

2. As to Defendant D’s grounds of appeal

A. On January 10, 2017, on the grounds indicated in its reasoning, the lower court received the instant accusation from the Supreme Prosecutors’ Office on January 10, 2017, under which the “Special Committee on the Investigation of State Affairs” (hereinafter “Special Committee”) was in existence, and made a lawful accusation.

The judgment of the first instance court was affirmed as it is.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the legality of prosecution.

(b) Article 5(1) of the former Act on the Appraisal of Testimony of the National Assembly shall be issued to the person or the head of the agency concerned when the plenary session or the committee requests the submission of reports or documents, or requests the attendance of a witness, appraiser, or reference witness under this Act.

Article 5 (4) provides that "a request under paragraph (1) shall be accompanied by a summary of the examination in the case of a witness and a reference witness."

“......”

The purpose of the above provision is to make a person attend the National Assembly and give testimony.