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(영문) 대법원 2013.11.28 2013도9003
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Judgment on the Defendants’ grounds of appeal

A. Article 5(1) of the Construction Technology Management Act provides that a local construction technology deliberation committee (hereinafter “local committee”) shall be established in the Special Metropolitan City, Metropolitan City, Do and Special Self-Governing Province in order to deliberate on the matters concerning construction technology, such as the promotion, development, utilization, etc. of construction technology. Paragraph (2) of the same Article provides that matters necessary for the operation, etc. of local members shall be prescribed by ordinances of the relevant Special Metropolitan City, Metropolitan City, Do and Special Self-Governing Province

Before the Enforcement Decree of the Construction Technology Management Act was amended by Presidential Decree No. 22525, Dec. 13, 2010

I. The Enforcement Decree (hereinafter referred to as “Enforcement Decree”).

Article 19(4) provides that a local committee may organize and operate a design deliberation subcommittee so that the local committee may efficiently deliberate on certain business matters. Meanwhile, Article 19(3) provides that members of the local committee shall be appointed or commissioned by the head of the local government from among the persons recommended by the central committee, other local governments, the local committees, the special committee, the design advisory committee or the relevant non-governmental organization, and experts in the relevant field. Furthermore, Article 10-2(5) [Attachment 1-2] applicable mutatis mutandis under Article 19(7) provides that “members of the design deliberation subcommittee (hereinafter referred to as “members of the subcommittee”) from among those who meet the relevant qualification requirements listed by

to appoint or commission the Commission.

On the other hand, Gwangju Metropolitan City Local Construction Technology Deliberation Committee.

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