업무상배임
The judgment of the court below is reversed.
Defendants are not guilty.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles did not take over documents related to the remuneration regulations from the previous executive organ of the cooperative, but it cannot be readily concluded that there was no remuneration regulations since there was no remuneration regulations. Moreover, according to the instant association regulations, the “establishment and amendment of the internal regulations, such as business regulations, etc.” is the matter under the jurisdiction of the board of directors. Since the board of directors of the cooperative resolved on April 12, 201 regarding the payment of bonuses, it cannot be deemed that the payment of bonuses violates the duties even if the payment of bonuses was made without the enactment of the remuneration regulations.
Therefore, the Defendants are not guilty.
B. Each sentencing of the lower court (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 1 million) is too unreasonable.
2. The summary of the facts charged of this case is the person who represents the G Partnership in Dongjak-gu Seoul Metropolitan Government to take charge of all affairs related to the union, such as exercising overall control over its affairs, and Defendant B is the person who takes charge of the affairs to take measures, such as reporting the fact, if it is found that the said Association’s affairs and the financial status accounts are not fair or unfair.
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 and the Enforcement Rules of the Housing Act shall be the executives of the partnership.