A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fine is imposed against the Defendants.

Defendant

A is a person in charge of all affairs related to the union, such as representing the head of the G Union in the Dongjak-gu Seoul Metropolitan Government F and exercising overall control over its affairs, and Defendant B is an auditor of the above union, who is in charge of affairs to take measures such as reporting the fact, if the management of the property or the execution of affairs of the union is not fair or illegal.

Article 37(2) of the Enforcement Decree of the Housing Act provides that the bylaws of a cooperative shall include matters concerning the remuneration of union executives. Article 17(5) of the Enforcement Rule of the same Act provides that the amendment of the bylaws of a cooperative must necessarily be made by the resolution of the general meeting. The said rules of a cooperative provide that “The said rules of a cooperative may pay remuneration to full-time or part-time executives in accordance with the remuneration regulations separately set forth in the said rules, and may pay expenses incurred by executives in performing their duties.

The Enforcement Decree of the Housing Act and the Enforcement Rule of the Housing Act stipulate that matters concerning the remuneration of union officers shall be prescribed by the regulations of the association, but the said regulations can be comprehensively prescribed by the separate remuneration regulations. Even if the regulations of the association delegate these matters to the remuneration regulations, it is necessary to establish and enforce the relevant regulations through legitimate procedures in accordance with the purport that matters concerning the remuneration of union officers shall be prescribed by the regulations of the association, such as the Housing Act.

Nevertheless, around May 2, 201, the Defendants conspired with the above partnership offices located in the Dongjak-gu Seoul Metropolitan Government F, and even if the partnership rules or the remuneration rules do not provide for bonuses, the Defendants paid three million won and two million won bonus to Defendant A, respectively.