The case holding that it does not constitute a case where approval for import or a license is granted for "a resignation or other unlawful means" under Article 181 (2) of the former Customs Act;

The case affirming the judgment of the court below holding that the act of confirming the import declaration in violation of Article 551 of the Directives 551, which provides that the import declaration shall be received only when approval for installation of high-priced special medical equipment is obtained does not constitute "the act of obtaining permission, approval, recommendation and other conditions as stipulated by the Acts and subordinate statutes" under Article 181 subparagraph 2 of the former Customs Act (amended by Act No. 4674 of Dec. 31, 1993) does not constitute "the act of obtaining permission

Article 181 Subparag. 2 and Article 137 of the former Customs Act (amended by Act No. 4674 of Dec. 31, 1993)

Defendant 1 and four others

Prosecutor

Attorneys Han Jin-hee et al.

Seoul High Court Decision 93No2854 delivered on June 24, 1994

The appeal is dismissed.

The grounds of appeal are examined.

Article 181 subparagraph 2 of the Customs Act (amended by Act No. 4027, Dec. 31, 1993; hereinafter referred to as the "former Customs Act") does not punish any type of act for which a license under Article 137 of the above Act is obtained by unlawful means, but only the act of obtaining a license under Article 137 is subject to punishment by fraudulent or other unlawful means.

According to the records, pursuant to Article 18 (3) of the Foreign Trade Act, the Minister of Health and Welfare submitted the import guidelines of goods to the Minister of Trade, Industry and Energy, and announced the contents of the import guidelines to the Minister of Trade, Industry and Energy by an integrated public announcement pursuant to Article 18 (2) of the same Act. The public announcement provides that high-priced special medical equipment may be imported after the completion of import declaration to the Korea Medical Appliances Industrial Cooperative (hereinafter referred to as the "Cooperative"), and the above cooperative, in accordance with Article 9 of the General Rules of the Integrated Public Notice, shall submit the detailed guidelines for the import declaration of the goods to the Minister of Health and Welfare with the approval of the Minister of Health and Welfare, who is the head of the competent ministry. Accordingly, according to the detailed guidelines for the import declaration at the time of each of the crimes of this case, according to the detailed guidelines for the establishment declaration with the approval of the Minister of Health and Welfare, as one of the required documents at the time of the import declaration of the high-priced special medical equipment of this case, a copy of the authorization for establishment of each of this case is not provided (the above detailed attached documents).

Meanwhile, according to the records, the Minister of Health and Welfare, on December 30, 1990, issued a title "guidelines on the import declaration of high-priced special medical equipment" with respect to the above cooperative, and reported to the Ministry of Health and Welfare upon receipt of an import declaration for the establishment of a medical institution meeting the criteria for the examination of approval for establishment under Article 551 of the Ministry of Health and Welfare, and sent an official letter to the Ministry of Health and Welfare. On June 1, 1992, the Minister sent an official letter to the Ministry of Health and Welfare for the establishment of a medical institution meeting the criteria for the examination of approval for establishment of high-priced special medical equipment. However, the above Ministry of Health and Welfare is recognized as having received an import declaration only if the approval was obtained in advance, but it applies to the installation of high-priced special medical equipment without distinguishing whether the medical equipment was imported or not, and it is difficult to view that it is effective to the general public, such as medical personnel and the importer, etc. who intends to install it, as well as the above import declaration guidelines or the procedure.

In the same purport, the submission of a copy of the above installation approval cannot be deemed to fall under the approval and other conditions prescribed by the laws and regulations of Article 181 subparagraph 2 of the former Customs Act, and the above cooperative is obligated to verify the fact of the import declaration if the import declaration was made with the documents as prescribed by the trade-related Acts and subordinate statutes, integrated public notice, detailed guidelines for import declaration, etc., and above, it cannot be denied for the reason that the import declaration was not publicly announced as the guidelines for import declaration, such as 'Guidelines based on the import declaration of high medical equipment', which is the administrative guidelines of the Ministry of Health and Welfare at issue in this case. Thus, the court below's decision of the court of first instance maintained the judgment of the court of first instance which acquitted the Defendants on the ground that Defendant 2 violated the above guidelines and did not constitute fraudulent or other unlawful means as asserted by the public prosecutor, and it does not err in the misapprehension of legal principles as to Article 181 subparagraph 2 of the former

There is no reason to discuss this issue.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)