The defendant shall be innocent.

1. The summary of the facts charged in this case is as follows: (a) around 1:06 on December 22, 1993, the Defendant’s employee B, who wishes to operate a cargo vehicle exceeding 10 tons of the cargo vehicle at the port of port of Jung-gu Incheon, Jung-gu, Incheon, in front of an open port of port and port of port of 100, in front of the memorial tower of Jung-gu, Incheon, and (b) on the operation of the vehicle, without obtaining permission from the competent authorities, after submitting a heavy statement and obtaining permission, he loaded and operated the vehicle with a 315 ton dump truck exceeding 10 ton of the fump truck.

2. The prosecutor of the judgment applied Article 86, Article 84 subparagraph 1 and Article 54 (1) of the former Road Act (amended by Act No. 4545, Mar. 10, 1993; Act No. 4920, Jan. 5, 1995; hereinafter “former Road Act”) to the facts charged in the instant case, and the defendant was notified of the summary order subject to retrial and confirmed.

However, after the above summary order became final and conclusive, Article 86 of the former Road Act provides that "where an agent, employee, or other servant of a corporation commits an offence under Article 84 subparagraph 1 of the same Act in connection with the business of the corporation, the corporation shall also be fined in accordance with the Constitution." According to the above decision, the above provision of the same Act, which is the applicable provisions of the facts charged, has retroactively lost its effect.

3. In conclusion, 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.