Whether a collective escape incident constitutes a crime of abandonment of duties under the Criminal Act in the event that a collective escape incident occurs due to a mistake in failing to perform his/her duties faithfully in carrying out escorting and guiding duties of inmates by directed a guard officer (negative)

In Article 122 of the Criminal Act, when a public official abandons his duties without a justifiable reason, the term "where he abandons his duties without a justifiable reason" means the case where a public official neglects his duties or deserts his duties without any justifiable reason, or does not include the case where the public official fails to perform his duties in good faith due to negligence or negligence in performing his duties. In the course of carrying out the escort service, the security division chief of the correctional officer and the supervisory teacher lead five escorting officers and takes 25 prisoners into each correctional institution across the country, and the escort officer instructs five escorting officers as an escorting command officers and supervisory teachers. In the course of carrying out the escort service, the escort officer's order of escorting officers is excessive time and escorts without thoroughly carrying out the procedure, such order is believed to be properly carried out, and it is believed that the escort officer failed to faithfully confirm and supervise his duties, and thus, the above escort officer and supervisory teachers are not deemed to have violated their duty of loyalty, but shall not be deemed to have renounced his duty of escort or escape from his duties.

Article 122 of the Criminal Act

Supreme Court Decision 81Do2538 delivered on September 14, 1982 (Gong1982,974) 83Do1157 delivered on December 13, 1983 (Gong1984,215) 83Do3260 delivered on March 27, 1984 (Gong1984,852)

Defendant 1 and one other

Prosecutor (as to all the defendants)

Attorneys Park Hong-woo et al.

Seoul Criminal Court Decision 89No4225 delivered on November 9, 1989

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

In Article 122 of the Criminal Act, when a public official abandons his duties without justifiable reason, the term "when he abandons his duties" refers to an act of stimulatingly abandoning his duties or leaving his duties without justifiable reason, and it does not include a case where a public official fails to faithfully perform his duties due to negligence, neglect, neglect, etc. in performing his duties (see, e.g., Supreme Court Decisions 70Do1790, Sep. 29, 1970; 81Do2538, Sept. 14, 1982; 83Do3260, Mar. 27, 1984).

According to the reasoning of the judgment below, the court below found the Defendants not guilty of the charges of neglecting their duties as the assistant head of the prison or assigned to the assistant head of the prison, and judged on October 7, 198 that the Defendants failed to perform their individual safe guard duties, such as the arrest commander, Non-Indicted 2, etc., who were escorting officers, and Non-Indicted 2, etc., who were prisoners under the order of escorting officers on August 8 of the same month. Thus, the court below erred in the misapprehension of legal principles as to the establishment of the escort plan and the education of personal escort officers, the examination of the conditions of passengers before the escort, the seat assignment, and the prohibition of personal conduct of escorts, etc., which led the Defendants to go beyond the bounds of the duty of escorting officers, and there were no errors in the misapprehension of legal principles as to the Defendants' duty of escorting officers who did not perform their duties in the course of carrying out their duties, such as the duty of escorting officers, the court below's failure to perform such individual safe guard duties.

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

The presiding judge shall have jurisdiction over the Lee Man-man's Lee Jae-sung Kim Jong-sung

Justices Song Man-man (Presiding Justice)