An employee of a local government who deals with the affairs of releasing grains for the purpose of controlling grain delegated by the Minister of Agriculture and Forestry under Article 21 of the Grain Management Act and Article 102 of the Local Autonomy Act, and whose proceeds are embezzled, and losses of the local government.

A. Since the affairs related to the release of grains for the purpose of grain processing are the national administrative affairs, if an employee of a local government who deals with the affairs related to the release of grains for the purpose of grain processing, who is the national administrative affairs, embezzled the sales proceeds, the local government, which is the local government, shall not incur any loss therefrom.

(b) In case where an employee of a local government who deals with the affairs of releasing grain for the purpose of controlling the national administrative affairs, has embezzled the sales proceeds, the Si which is a local government shall not incur any loss due to such an employee; and

Article 750 of the Civil Act, Article 21 of the Grain Management Act, Article 102 of the Local Autonomy Act

Mapo-si

Defendant 1 and two others

Seoul High Court Decision 65Na190 decided September 22, 1965

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The State administrative affairs supervised by the Minister of Agriculture and Forestry under the Grain Management Act, the Enforcement Decree of the same Act, and the Grain Management Regulations. The Minister of Agriculture and Forestry may delegate his duties to the head of a local government under Article 21 of the Grain Management Act and Article 102 of the Local Autonomy Act. In such a case, the head of the local government is delegated to the head of the local government, which is so-called agency, in handling the delegated duties. Therefore, even if such duties are performed in the position of the head of the local government, they cannot be deemed as separate duties from the duties of the local government. Thus, even if the sales proceeds of grains for grain production, which are at issue in this case, are embezzled by Defendant 1, a local government, even if the head of the local government, is the head of the local government, the local government, and the judgment of the court below, which is the head of the local government, shall not be deemed to have suffered losses due to such embezzlement, and the appeal shall be dismissed. Therefore, the appeal shall be dismissed. It is so decided as per Disposition by the assent with the assent of all participating Justices.

Supreme Court Judge Ma-man (Presiding Judge) Ma-dong (Presiding Judge)