The term "justifiable order or rule" in Article 41 of the Military Criminal Act refers to the order or rule with regard to the matters that fall under the actual requirements of punishment, which is a legislative matter, in essence, issued by an institution in charge of the right to access and receive important and concrete matters necessary for the traffic action.

For the purpose of this Article, the term "justifiable orders or rules" means orders or rules with regard to matters falling under the actual contents of punishment, which are legislative matters, in essence, issued in respect of important and physical specific matters necessary for the circulation action delegated by the National Assembly, which is a legislative body, as delegated by the authority responsible for circulation, and does not fall under Article 153 of the Military Service Rule.

Article 47 of the Military Criminal Act

Supreme Court Decision 70Do2130 Decided December 29, 1970

Defendant

Military prosecutor;

High Military Court Decision 70 years old Military Punishment and 782 delivered on October 13, 1970

judgment on the first ground for appeal by the prosecutor;

The original judgment is based on the judgment that there is no proof as to the crime of deception for the purpose of evading military duties, which is the facts charged in this case. Thus, it cannot be found that there is no evidence to acknowledge the above facts even after examining all the evidence relations by the records. Therefore, the judgment on this issue is just and there is no illegality of misconception of facts in violation of the rules of evidence, and therefore there is no reason to discuss it.

judgment on the second ground of the appeal;

"Justifiable order or rule" in Article 47 of the Military Criminal Act refers to an order or rule concerning the matters falling under the actual contents of punishment, which is a legislative matter, in essence, which is the legislative body delegated by the National Assembly, as a legislative body, in light of the water action delegated by the National Assembly as a legislative body. (See Supreme Court Decision 68Do1846 delivered on February 18, 1969, Supreme Court Decision 70Do2130 delivered on December 29, 197). In this case, Article 153 (Safety Protection Matters, i.e., military personnel shall observe all the regulations for safety, and at all times examine it), which is an important and concrete matter necessary for the water action as seen above, and therefore, the original judgment cannot be recognized as a violation of the order. Thus, there is no justifiable reason to interpret the original judgment as to the violation of the order.

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

Justices Yang Byung-ho (Presiding Justice)