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(영문) 대법원 2013.04.25 2012도13551
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The appeal is dismissed.

Reasons

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

The term "duty" in Article 129 of the Criminal Act includes not only the duties under the control of Acts and subordinate statutes, but also the acts closely related to such duties, or the act of duties under the control of customs or actual jurisdiction and the act of duties under the control of decision makers who assist or may affect them

(2) The Special Self-Governing Province Council, resident representative, and resident support council among experts recommended by the residents of the adjacent area of a waste disposal facility shall be established in consultation with the competent Special Self-Governing Province Council, the competent Special Self-Governing Province Council, etc., which was enacted for the purpose of facilitating installation of waste disposal facilities and promoting the welfare of residents in the adjacent area by facilitating the installation of waste disposal facilities and promoting the welfare of residents in the adjacent area. The Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (hereinafter “Waste Management Act”) provides that a local government or other agency installing waste disposal facilities shall establish a resident support consultative body among the residents of the competent Si/Gun/Gu Council, resident representative, and experts recommended by the residents representative of the waste disposal facilities to take charge of the functions of consultation on resident support projects in the adjacent area of the waste disposal facilities.

(Article 17-2). Therefore, the duties of a member of the Special Self-Governing Province and Si/Gun/Gu Council at the location of waste disposal facilities to become a member of the residents support council organized by the local government as an agency installing waste disposal facilities are within the scope of duties

The court below shall work as a member of the Residents Support Council, who is a public official member of the Yangju-si Council and was a member of the Residents Support Council in accordance with the Waste Management Act.

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