사기등
The appeal is dismissed.
The grounds of appeal are examined.
1. Article 32 of the Act on Corporate Governance of Financial Companies (hereinafter “Financial Control Structure”) provides for the examination of the qualifications of the largest shareholder as follows.
The Financial Services Commission shall, at intervals prescribed by Presidential Decree, examine whether one of the largest shareholders of a financial company subject to the relevant provision (hereinafter referred to as "persons subject to examination of qualifications") meets the requirements prescribed by Presidential Decree (hereinafter referred to as "requirements for maintenance of qualifications"), such as not violating the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Evaders Act, and the Acts and subordinate statutes related to finance, etc. (hereinafter referred to as "Acts and subordinate statutes prescribed by Presidential Decree"), etc. (hereinafter referred to as "requirements for maintenance of qualifications"). The Financial Services Commission shall, as a result of the examination under paragraph (1), examine whether the persons subject to examination of qualifications fail
If it is recognized, the relevant financial company may be ordered to take certain measures to ensure the soundness of the management of the relevant financial company (Article 4). The Financial Services Commission shall, as a result of the examination under paragraph 1, order the person subject to examination of qualifications to take certain measures to ensure the soundness of the management of the relevant financial company (Article 4). In certain cases, such as “where the person subject to examination of qualifications is sentenced to imprisonment without prison labor for not less than one year for a violation of the statutes
If it is recognized, at least 10/100 of the total number of outstanding voting stocks of a financial company that holds the relevant eligibility examination may be ordered not to exercise voting rights (paragraph 5). Notwithstanding Article 38 of the Criminal Act, concurrent crimes involving a violation of the statutes specified in paragraph 1 and any other crime shall be tried and sentenced separately (Paragraph 6). The provision on examination of eligibility under Article 32(1) of the Act on the structure for the Control of Financial Companies provides a sound financial order and the soundness of the financial company through a periodic examination of eligibility for eligibility.