(영문) 대법원 2010.1.28.선고 2009도882 판결

The lower court affirmed the first instance judgment that convicted the Defendant by applying Article 48 Subparag. 3 and Article 19(6) of the former Employment Security Act (amended by Act No. 9795, Oct. 9, 2009; hereinafter the same) to the facts charged in the instant case.

However, Article 48 subparagraph 3 of the former Employment Security Act provides that a person who receives money or goods, other than the fees notified by the Minister of Labor, shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won.

10. An amendment was made to impose a fine for negligence not exceeding KRW 10 million under Article 50(1)1 and 50(1)1 of the Employment Security Act, which came into force, and such an amendment was made from reflective consideration that it was unfair to impose a penalty immediately for minor violations of administrative regulations, and thus, such an amendment was repealed due to the repeal of statutes after the crime under Article 326(4) of the Criminal Procedure Act.

Therefore, the facts charged in this case against the defendant shall be acquitted pursuant to Article 326 subparagraph 4 of the Criminal Procedure Act, and the judgment of the court of first instance which convicted the defendant and the judgment of the court of first instance which maintained it as it is is unlawful, all of them are reversed, and it is so decided as per Disposition with the assent of all Justices who reviewed the decision of self-determination of party members under Article 396