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| TITLE | Supreme Court Decision 2022Do4610 Decided February 23, 2023 【Violation of the Attorneys-at-Law Act】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Where criminal law per se, stipulating the criminality and punishability of an act, or a statute authorized or delegated thereby is changed, and, according thereto, the relevant act no longer constitutes a crime or the punishment therefor is mitigated, whether Article 1(2) of the Criminal Act and Article 326 Subparag. 4 of the Civil Procedure Act shall apply in such a case in principle (affirmative) Where the corresponding criminal law per se or other statute than a statute authorized or delegated thereby is changed, whether such case should correspond to a change of a statute mainly based on any change of criminal law’s perspective directly related to the criminality and punishability of an act in accordance with the corresponding criminal law to apply Article 1(2) of the Criminal Act and Article 326 Subparag. 4 of the Civil Procedure Act in such a case (affirmative) and standard of determining whether such case corresponds to such change in the statute [2] In a case where the criminal defendant, a certified judicial scrivener, dealt with legal affairs related to individual bankruptcy cases and individual rehabilitation cases delegated to him/her and, thereby, was prosecuted for violating Article 109 Subparag. 1 of the Attorneys-at-Law Act, and the “proxy of application for individual bankruptcy cases and individual rehabilitation cases” was included in the affairs that should be performed by a certified judicial scrivener in accordance with Article 2(1)6 of the Certified Judicial Scriveners Act, amended on February 4, 2020, after the commission of the above criminal act, the case holding that the above amendment of the Certified Judicial Scriveners Act is just the amendment of Article 109 Subparag. 1 of the Attorneys-at-Law Act, which is the criminal laws or ordinances per se applicable to the facts constituting a crime, or other statute than a statute authorized or delegated thereby, and when comprehensively considering that viewing that even if the requirements and structure constituting a crime against Article 109 Subparag. 1 of the Attorneys-at-Law Act are examined, the provision of Article 2 of the Attorneys-at-Law Act functions as a supplementary provision is difficult, the above amendment of the Certified Judicial Scriveners Act does not correspond to a change of a statute mainly based on any change of criminal law’s perspective | |
