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| TITLE | Supreme Court en banc Decision 2017Do14749 Decided May 17, 2018【Violation of the Act on Testimony, Appraisal, etc. before the National Assembly】 [full Text] |
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| Summary | |
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[1] Whether “accusation” under Article 15(1) of the Act on Testimony, Appraisal, etc. before the National Assembly constitutes an element for indictment of a perjury charge as stipulated under Article 14(1) main text of the same Act (affirmative) [2] Whether “accusation” under the proviso clause of Article 15(1) of the Act on Testimony, Appraisal, etc. before the National Assembly ought to be made during the period when a special committee is still active (affirmative) [3] In the case where the Defendant: (a) appeared as a witness and testified under oath, pursuant to the Act on Testimony, Appraisal, etc. before the National Assembly, at the special parliamentary committee to probe the corruption scandal between South Korean President Park Geun-hye and her civilian confidante (“Party A”), etc.; (b) was accused of providing false testimony as prescribed under the main text of Article 14(1) of the same Act by at least one-third of the incumbent members under their joint signatures following the expiration of the committee’s period of existence; and (c) was thus indicted on a perjury charge, the Court affirming the lower judgment dismissing the instant indictment on the following grounds: (i) the accusation did not constitute a legitimate accusation under Article 15(1) of the aforementioned Act since it was made after the special parliamentary committee ceased to exist; and (ii) the indictment was filed without a legitimate accusation, which is an element for indictment |
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