The defendant shall be innocent.

The summary of the facts charged in this case is as follows: (a) the Defendant’s employee loaded and operated salt on the cargo vehicle B in front of the Doctrine on June 17:10, 1993, at the nautical miles of the YYY, and the Defendant’s employee did not comply with the Defendant’s request for the measurement of load capacity by C, the head of the control group of the freight vehicles violating the law, thereby committing an unlawful act with respect to the Defendant’s business.

However, Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995) which applies mutatis mutandis to the facts charged in this case provides that "where an agent, employee or other worker of a corporation commits a violation provided for in subparagraph 2 of Article 84 in connection with the business of the corporation, a fine provided for in the relevant Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court Decision 2012Hun-Ga18 decided Oct. 25, 2012 and the proviso of Article 47 (2) of the Constitutional Court Act.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.