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The judgment below
The conviction part against Defendant B is reversed, and this part of the case is remanded to the Gwangju High Court.
Reasons
The grounds of appeal are examined.
1. As to Defendant B’s ground of appeal
A. According to the record as to the first ground for appeal, Defendant B received a certificate of intention to a participatory trial from the first instance court to February 10, 2012, along with a copy of the indictment, and Defendant B did not want a participatory trial unless Defendant B submitted a document stating his intention to want a participatory trial within the statutory period. Thus, Defendant B did not have any error of law in the fact that Defendant B did not participate in a participatory trial.
B. As to the ground of appeal No. 2, Article 84 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444 of Feb. 6, 2009; hereinafter “Urban Improvement Act”) provides, “In applying Articles 129 through 132 of the Criminal Act, the officers of the association and the representatives of the rearrangement project management contractors (referring to the executives in the case of a corporation) shall be regarded as public officials.” However, the Urban Improvement Act does not provide any more detailed provision as to “executives” deemed public officials in the case where a rearrangement project management contractor is
Therefore, the issue of whether an executive constitutes an “executive” as above shall be determined by the Civil Act, the Commercial Act, and other substantive laws, and Article 312 of the Commercial Act, which regulates the legal relationship of a stock company, provides that “the inaugural general meeting shall appoint directors and auditors,” and Article 317(2) of the former Commercial Act (amended by Act No. 8581, Aug. 3, 2007) provides for the name, resident registration number, and address (paragraph 8), etc. of the director and auditor as the matters to be registered in the establishment of a stock company.
In full view of the language structure and purport of the above provisions, the Act on the Maintenance and Improvement of Urban Areas.