The case holding that even if a general staff member of the Korea Electric Power Corporation takes charge of an exaggerated agency, he cannot be the subject of the crime of acceptance of bribe under Article 2 of the Act on Aggravated Punishment

The Korea Electric Power Corporation classifys the class of its employees into the class of director, the class of director, the class of director, the class of director, the general staff, and the class of technical staff. Article 3 subparag. 1 of the Enforcement Decree of the Act on the Aggravated Punishment, etc. of Specific Crimes allows the Korea Electric Power Corporation to appoint officers and employees higher than the class of director, etc. In this context, the class of position refers to the class of director representative or director, or employees higher than the class of director, and thus, the person who is in charge of the duties of director representative while holding office in the general staff class of the said corporation is not the executive officer of the government-managed enterprise, and thus, is not

Article 129 of the Criminal Act, Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 3 subparag. 1 of the Enforcement Decree of the same Act, Article 18 of the Framework Act on the Management of

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law No. 1980, 12792) (Law No. 1981, 14392, Sept. 22, 1981) (Gong1981, 14392) (Gong1992, 2706)

Defendant

Prosecutor

Attorney Park Jong-soo

Chuncheon District Court Decision 93No133 delivered on June 24, 1993

The appeal is dismissed.

The Prosecutor's grounds of appeal are examined.

1. The court below held that the Korea Electric Power Corporation classifys its employees' classes as the Minister's class, the Secretary's class, the director's class, the director's class, the general staff class, and the officer's class at the time of the crime of this case. The defendant, while holding office at the above general staff class (6 class), is responsible for the above public branch's distribution plan and the power distribution plan at the Korea Electric Power Trade Union's branch's class, and that the defendant's director's representative at the time of the crime of this case does not refer to the class. In applying Articles 129 through 132 of the Criminal Act, Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes is that the executive officers of government-managed enterprises shall be appointed as public officials, but Article 3 subparagraph 1 of the Enforcement Decree of the same Act delegated by the Korea Electric Power Corporation (the director at the government-managed enterprises without the government-managed class system), and there is no error in the misapprehension of legal principles as 9.194.

2. The request for changes in indictment under Article 298(2) of the Criminal Procedure Act is within the discretion of the court, so it cannot be deemed unlawful because the court did not demand changes in indictment. There is no reason to discuss the issue.

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

Justices Kim Yong-sik (Presiding Justice)