In accordance with Article 22 (9) (k) of the Agreed Minutes of the Agreement under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea, whether the “misunderstanding of Acts and subordinate statutes” includes an error of violation of the rules of evidence

Section 22.9 (k) of the Agreed Minutes of the Agreement under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America regarding Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea

Supreme Court Decision 69Do487 Decided May 27, 1969, Supreme Court Decision 72Do970 Decided June 27, 1972 (No 20(2), 045)

Defendant

Prosecutor

Seoul Western District Court Decision 2006No1261 Decided March 13, 2007

The appeal is dismissed.

Article 22 (9) (k) of the Agreed Minutes of the Agreement under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America with respect to Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea (hereinafter referred to as the “ Agreed Minutes”) provides that “In any case where the authorities of the Republic of Korea prosecution prosecution members, civilian employees of the United States Armed Forces of the United States of America, or their families, they shall not be convicted on the part of the prosecutor’s office or appeal against the judgment of innocence, but the same shall not apply in case where they are found guilty on the ground of a mistake in Acts and subordinate statutes.” In this provision, “the mistake of Acts and subordinate statutes” does not constitute an unlawful act such as violation of the rules of evidence or incomplete trial (see Supreme Court Decisions 69Do487, May 27, 1969; 72Do970, June 27, 1972, etc.).

According to the records, the defendant is a family member of the armed forces of the United States Armed Forces of America, and the prosecutor appealeds the defendant on the grounds that there is no evidence to prove the facts charged in this case, and the appellate brief submitted after the appeal against the judgment of the court below that acquitted the defendant on the grounds that there is no evidence to prove the facts charged in this case, which affected the conclusion of the judgment. The prosecutor's assertion cannot be deemed to constitute an assertion of "legal error" among the provisions of the above Agreed Minutes, and thus, it cannot be a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Ji-hyung (Presiding Justice)