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Main Issues
No customs law shall be applied to gold smuggling, and it shall be imposed pursuant to the Act on Temporary Measures concerning Gold Metals.
Summary of Judgment
With respect to the smuggling, the Customs Act shall not apply, and it shall be imposed pursuant to the Ad Hoc Measures Act relating to gold.
[Reference Provisions]
Article 5 of the Ad Hoc (Abolition) Act, Articles 181, 137 of the Customs Act
Reference Cases
Supreme Court Decision 61Do1888 delivered on December 14, 1961
Escopics
Defendant
upper and high-ranking persons
Prosecutor
Judgment of the lower court
Busan District Court Decision 70No3402 delivered on November 18, 1970, Busan District Court Decision 70No3402 delivered on November 18, 1970
Text
The appeal is dismissed.
Reasons
The prosecutor's appeal is examined.
However, with respect to the smuggling of gold, the Customs Act should be applied in accordance with the Ad hoc Measures Act, and the Customs Act does not apply in accordance with the above decision (Supreme Court Decision 61Do400 delivered on December 14, 1961);
Since 69Do1888 delivered on December 23, 1969, the court below's decision that did not apply Article 181 of the Customs Act to this case under such opinion is just and it is not possible to employ a new appeal to the contrary.
Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges.
The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho