The same order that the head of the second training office prohibits monetary transactions to the whole ledger shall not be deemed to be related to the necessary and important matters in light of the nature of the order, and it does not constitute a "justifiable order" as prescribed in this Article.

A

B

High Military Court Decision 70 High Military Port 614 decided September 22, 1970

We reverse the original judgment.

The case shall be remanded to the Army, High School, and Military Council.

The grounds of appeal No. 2 are examined.

According to the reasoning of the judgment below, the court below acknowledged the fact that the defendant was not allowed to make a monetary transaction under any pretext pursuant to Article 250 of the 2 training center personnel order ( September 18, 1968) and accepted 40,000 won from the long-term red of the court below as well as the receipt of 60,000 won from the defendant's long-term red for 3 times before and after 19:00 on September 19, 1969.

However, according to the original decision on the constitutionality of Article 47 of the Military Criminal Act (Supreme Court Decision 68Do1846 delivered on February 18, 1969), the "justifiable Order" under the same Act refers to the important and concrete matters necessary for the circulation effect delegated by the National Assembly, which is a legislative body, which are delegated by the legislative body, concerning the substantial contents of punishment, which is a legislative matter. Thus, it cannot be deemed that the head of the second training institute prohibit the transfer commander from doing financial transactions under the title of eradicating monetary transactions, which is necessary and important matters in light of its nature, as stated in the judgment, the above order cannot be deemed to be related to the matters necessary and important in the circulation effect under Article 47 of the Military Criminal Act. Thus, the original judgment did not err in the misapprehension of legal principles as to the measures against which the order was given and received as a violation of the order under Article 47 of the Military Criminal Act as stated in the judgment of the defendant.

This paper is reasonable on this point, and therefore, it does not require an explanation on the remaining grounds of appeal, and the original judgment should not be relieved of reversal.

그러므로 원판껼을 파기하고, 사건을 육군고등군법회의에 환송하기로 하여, 일치된 의견으로 주문과 같이 판결한다.

9 March 9, 1971

Justices Doh-won (Presiding Justice) Doh-dong and Kim Dong-dong Dok Kim, Kim Jong-chulng, Kim Jong-young, Kim Jong-young, Kim Jong-young, Kim Jong-young, Kim Jong-young, Kim Jong-young, Kim Jong-chul