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| TITLE | Supreme Court en banc Decision 2009Do6788 Decided May 17, 2012【Violation of the Framework Act on the Construction IndustryㆍBriberyㆍViolation of the Act on the Aggravated Punishment, etc. of Specific Crimes】 [full Text] |
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[1] Where a witness legitimately exercised the right to refuse to testify pursuant to the Criminal Procedure Act, whether it constitutes “being unable to make a statement in a preparatory hearing due to death, illness, foreign residency, unknown whereabouts, or any other similar cause” under Article 314 of the aforementioned Act (negative) [2] Where Company A and its employees (“Defendants”) provided money to an executive of a company specializing in rebuilding projects while soliciting a redevelopment contract, and were subsequently prosecuted for violating the Framework Act on the Construction Industry, the Defendants declined to offer into evidence a “legal opinion” written and sent to Company A by an attorney, and the attorney refused to testify on the legal opinion, the case holding that denying the admissibility of the legal opinion and acknowledging acquittal was justifiable |
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