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(영문) 대법원 1988. 1. 19. 선고 86도1425 판결
[변호사법위반][공1988.3.15.(820),465]
Main Issues

The meaning of cases or affairs handled by a public official under Article 54 of the former Attorney-at-Law Act (amended by Act No. 3594 of Dec. 31, 1982)

Summary of Judgment

Article 54 of the former Attorney-at-Law Act (amended by Act No. 3594 of Dec. 31, 1982) shall be interpreted to refer to all cases or affairs of the person other than personal identity.

[Reference Provisions]

Article 54 of the former Attorney-at-Law Act

Reference Cases

Supreme Court Decision 84Do1044 Delivered on August 21, 1984

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Kim Jong-soo

Judgment of the lower court

Seoul Criminal Court Decision 85No5762 delivered on June 17, 1986

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Examining the evidence presented by the court below in comparison with the records, the facts at the time of the first trial against the defendant can be sufficiently recognized, and there is no illegality of finding facts against the rules of evidence such as the theory of lawsuit, and the case or affairs handled by public officials under Article 54 of the former Attorney-at-Law Act (amended by Act No. 3594 of Dec. 31, 1982) shall be interpreted to refer to all of the cases or affairs except self-defenses (refer to the above judgment of the court below 84Do1044 of Aug. 21, 1984). Thus, if the defendant takes office as a director under the conditions that he would be able to obtain the approval of the underground shopping complex construction project of this case at the request of the Mayor of Seoul Metropolitan City, and the above company is not for the appointment of the defendant as director under the Commercial Act and for the appointment of the defendant to perform his duties, and even if so, the above company cannot be viewed to have been approved as a director's request for the above construction project of this case.

All arguments are groundless.

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

Justices Yoon Yoon-hee (Presiding Justice)

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