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(영문) 서울고등법원 2014.11.28 2014노2419
뇌물수수
Text

The judgment below

The parts against the Defendants are reversed.

Defendant

J. M.N. Imprisonment with prison labor for each of 8 months and fines of 10 million won.

Reasons

1. The summary of the grounds for appeal is that each sentence (the suspended sentence of imprisonment and fine of KRW 10 million for each sentence of imprisonment with prison labor, the fine of KRW 20 million for Defendant K, and the fine of KRW 30 million for Defendant L) declared by the court below against the Defendants is too uneased and unfair.

2. Determination

A. The judgment of the authority of Defendant M alleged that he was appointed by the president of the National Health Insurance Corporation (hereinafter referred to as the “Corporation”), who is not the president of the National Health Insurance Corporation (hereinafter referred to as the “Corporation”), and that the AX Hospital is not an employee of the Corporation in view of the fact that the organization remuneration accounting is separated from the Corporation. Thus, the following circumstances acknowledged by the evidence duly adopted and investigated by this court can be established as a public official under the National Health Insurance Act. According to the National Health Insurance Act, the Corporation may establish a branch office as prescribed by its articles of association. According to the certificate of partial registration of the Corporation, AX Hospital is registered as its branch office. According to the articles of association, AX Hospital's articles of association, the regulations on the organization of AX Hospital stipulate that AX Hospital's articles of association, the National Health Insurance Act stipulates that employees shall be appointed by the president of the AX Hospital, the president of the Corporation appoints the director of the AX Hospital, and the Defendant establishes the AX Hospital's articles of association to direct and supervise the employees of the hospital.

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