2012Do1351 Violation of the Aggravated Punishment, etc. of Specific Crimes (Bribery)

A person shall be appointed.

Defendant

Law Firm F

Attorney G, H

Seoul High Court Decision 2012No1917 Decided October 19, 2012

April 25, 2013

The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

"Duties" in Article 129 of the Criminal Act includes not only the duties under the control of law, but also the acts closely related to such duties, or the acts of assisting or influencing the decision-making authority (see, e.g., Supreme Court Decisions 2010Do10910, Dec. 23, 2010; 2012Do10986, Nov. 29, 2012).

The Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs for the purpose of contributing to environmental conservation and the improvement of the quality of national living by facilitating the installation of waste disposal facilities and providing support to residents in the surrounding areas by promoting the securing of sites for waste disposal facilities and promoting the welfare of residents in the surrounding areas (hereinafter referred to as the "Waste Treatment Act") stipulates that an agency installing waste disposal facilities, including a local government, shall establish a residents support consult with the Special Self-Governing Province/Si/Gun/Gu council members at the location of the relevant waste disposal facilities, and the competent Special Self-Governing Province/Si/Gun/Gu council members, from among the experts recommended by the representative of residents and the representatives of residents, to take charge of consultation on resident support projects in the affected areas of waste disposal facilities (Article 17-2). Therefore, the special duties to be performed by a member of the residents support council in the relevant local government as a member

Self-Governing Province is also subject to the scope of duties as a member of the Si/Gun/Gu Council.

The court below affirmed the judgment of the first instance that found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) against the defendant, on the ground that the defendant, who is a public official member of the Yangju City Council, as a member of the Resident Support Council in accordance with the Waste Management Act, performs his duties as a member of the Resident Support Council, falls within the scope of the duties of the members of the Yangju City Council, and the defendant's act of receiving KRW 50 million from the co-defendant of the first instance court in relation to the resolution of the Resident Support Council constitutes an act

Examining the reasoning of the lower judgment in light of the provisions of the Waste Management Act and the evidence duly admitted, the lower court’s aforementioned determination is justifiable in accordance with the legal doctrine as seen earlier, and there is no error of misapprehending the legal doctrine on the subject of bribery or duties

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

Justices Kim Shin

Justices Min Il-young

Justices Lee In-bok et al.

Justices Park Poe-young