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(영문) 대구지방법원 포항지원 2019.06.13 2018고합117
지방교육자치에관한법률위반
Text

Defendant

A Imprisonment of six months, Defendant B’s fine of 7,00,000 won, Defendant C and D’s fine of 1,50,000 won, respectively.

Reasons

Punishment of the crime

[Status and Relationship of Defendants] Defendant A was a candidate for the election of the 7th F Superintendent of the Office of Education on June 3, 2018, and was the president of G Co., Ltd., the representative of H, and the representative of AH.

Defendant

B is related to Defendant A and the sixth degree of relationship, and Defendant A was a third party at the time of his/her employment as a teacher of an I High School. A is a vice president of G, the secretary general of H, and staff members of AH who managed the overall operation and funds of G, H and H (hereinafter “research institute, etc.”).

Defendant

C performed the role of Defendant A in the 6th election of superintendent of education, which was implemented on June 4, 2014, and worked as an employee of the research institute from May 2017.

Defendant

D The above election of the sixth F Superintendent of the Office of Education was conducted to produce and edit photographs and videos that appeal Defendant A's support, and was employed as an employee of the research institute from March 2015.

Defendant

E is a temporary employee employed to assist Defendant A with duties related to the 7th F Superintendent of the Office of Education on November 2017.

【Criminal Facts】

1. No one shall have another person carry out an election campaign using his/her special status in relation to his/her members, taking advantage of any occupational act within the organization of any professional institution or organization;

Nevertheless, from around December 2017 to June 7, 2018, Defendant A, an employee of the research institute, etc., had Defendant D, an employee of the research institute, etc., publish a photograph and writing in the election of the J, K, and L 7th F Superintendent of the Office of Education who appeals to support and recommend Defendant A as a candidate of F Superintendent of the Office of Education in the name of Defendant A, and had Defendant A carry out an election campaign in such a way as to publish comments on the part of the bottom on which the photograph and video are published in which he/she claimed support or recommendation of Defendant A.

As a result, Defendant A uses a professional act within a professional institution to conduct an election campaign to Defendant D who is a member of the organization.

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