Whether a person who is in a position of an assistant director while holding office as a senior director of the Korean Electric Power Company is an employee of the assistant director-general who is an executive officer of the government-managed enterprise (negative)

The Korean Electric Power Company classifys the position of its employees into division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division

Article 3 subparag. 1 of the Enforcement Decree of the Aggravated Punishment Act

Supreme Court Decision 79Do3108 Delivered on April 8, 1980

Defendant 1 and one other

Attorney (Law No. 1) (Law No. 1) and the Constitutional Court (Law No. 1000, No. 1000, No. 1000,000,000)

Seoul High Court Decision 79No1464 delivered on August 29, 1980

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine Defendant 1’s defense counsel leapsa, Rabba, and Daba, Defendant 2’s ground of appeal No. 2, Defendant’s ground of appeal for recognition of a public defender, Defendant 2’s defense counsel’s ground of appeal No. 1.

1. In full view of the data employed by the court below as evidence and the personnel records card, personnel order, identification card, personnel management rules, job management rules, and enforcement rules of the Korean Electric Power Company, the Korean Electric Power Company shall classify its employees into division division division division division division division division division division division division division division division division division division division division division division division department division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division division

2. However, the judgment of the court of first instance cited by the court below comprehensively based on the following facts: the defendant 1 received a bribe of 2,500,000 won from the defendant 2 in response to the solicitation of duties under its jurisdiction and confirmed that the defendant 1 received a bribe in connection with his duties under the pretext of honorarium; on the ground that the defendant 1 falls under the representative of the executive officer of the government-managed enterprise deemed as a public official under Article 2 and subparagraph 1 of Article 3 of the Enforcement Decree of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 2 (1) 2 and Article 4 of the Criminal Act apply to the above recognized crime under Article 129 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes. In this case, there is no class of the director representative, and there is no evidence that the class of the above company is an exaggerated representative, and thus, there is no error in the application of the Act on the Aggravated Punishment, etc. of Specific Crimes to the defendant 1 as an executive officer of the government-managed enterprise.

All arguments are justified.

3. Therefore, the judgment of the court below is reversed without any need to decide on the remaining grounds of appeal, and the case is remanded to the Seoul High Court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)