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(영문) 대법원 2018.04.12 2018도2122

공전자기록등불실기재등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Article 32(1) of the Act on Corporate Governance of Financial Companies (hereinafter “Financial Control Structure”) provides that the Financial Services Commission shall review whether the largest investor among the largest shareholders of a financial company subject to the relevant provision (hereinafter “persons subject to examination of qualifications”) complies with the requirements prescribed by Presidential Decree (hereinafter “requirements for the 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, at intervals prescribed by Presidential Decree.

As a result of the examination under paragraph 1, the Financial Services Commission finds that the subject of examination of qualifications does not meet the requirements for maintaining qualifications.

, if it is deemed that the person subject to eligibility screening may be ordered to take certain measures to ensure the soundness of the financial company’s management.

The Act stipulates.

In addition, Article 5 of the same Act provides that the Financial Services Commission shall not maintain sound financial order and the soundness of the financial company in consideration of the degree of the violation of the law in certain cases, such as "where a person subject to examination of eligibility was sentenced to imprisonment without prison labor or a heavier punishment for a violation of the law provided for in paragraph 1, and such punishment becomes final and conclusive."

If it is deemed that at least 10/100 of the total number of outstanding voting shares of the financial company held by the person subject to the examination of qualifications may be ordered not to exercise voting rights.

The Act stipulates.

Article 38 of the Criminal Code provides that Article 38 (6) of the same Code shall be tried and sentenced separately for concurrent crimes against the violation of the laws and regulations stipulated in paragraph (1) and other offences.

In full view of the provisions of Article 32 (1), (4), and (5) of the Act on the Management of Financial Companies, the eligibility of paragraph (1) of the same Article shall be examined.