The defendant shall be innocent.

The summary of the facts charged of this case is that "the defendant's employee fails to comply with the demand for the measurement of load on the road front of the Hasong-Eup Hasong-dong Hasong-ri, in the event that he resides in North Korea on March 15, 1994 in connection with the defendant's business without justifiable grounds

However, in Article 86 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993, and amended by Act No. 4920 of Jan. 5, 1995), which is the applicable provisions of the facts charged, "where an agent, employee or other worker of a corporation commits a violation under subparagraph 2 of Article 84 in connection with the business of the corporation, a fine under the relevant Article shall also be imposed on the corporation," the provision that "if the agent, employee or other worker of the corporation commits a violation under subparagraph 2 of Article 84, the relevant Article shall also be imposed on the corporation," which is retroactively invalidated by the Constitutional Court Order 2012Hun-Ga18 decided Oct. 2

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.