Whether a violation of Article 50 (1) 1 of the Agricultural Cooperatives Act is established where a person who intends to withdraw from the agricultural cooperative commits an act of offering money or goods to its members before the date of public announcement on the election of the head of the cooperative (negative)

An agricultural cooperative is a voluntary organization voluntarily organized by its members to defend their interests, and autonomy by its articles of association and majority is guaranteed in its internal operation. Thus, the rules of election of executives formulated by the cooperative pursuant to the provisions of the articles of association shall be a kind of autonomous law and have the legal effect as well as the articles of association of the cooperative. Therefore, even if the above Acts do not provide for the definition of electors, if the rules of election of executives provide for the definition of electors, they shall be based on the contents of the rules of election of executives in interpreting Articles 50 (1) 1 and 172 (1) of the same Act. Thus, if the issue of whether an agricultural cooperative is a " elector" under Article 50 (1) 1 of the same Act in the case of an agricultural cooperative is confirmed only after the date of public announcement pursuant to the provisions of the rules of election of executives, the act of offering money and valuables after the election day shall be established only when it is provided for the violation of Article 172 (1) and Article 50 (1) 1 of the same Act, and the above principle of no money and valuables shall be established.

Article 16 subparagraph 12 of Article 16, Article 45 (3), Article 50 (1) 1, and Article 172 (1) of the Agricultural Cooperatives Act

Supreme Court Decision 98Do2147 delivered on March 23, 1999 (Gong1999Sang, 804) Supreme Court Decision 2000Do3569 Delivered on November 24, 200 (Gong2001Sang, 216) Supreme Court Decision 2002Do5060 Delivered on November 8, 2002 (Gong2003Sang, 113)

Defendant

Defendant

Chuncheon District Court Decision 2002No859 delivered on April 11, 2003

The judgment of the court below is reversed, and the case is remanded to Chuncheon District Court Panel Division.

Judgment ex officio is made.

1. The judgment of the court below

The summary of the facts charged of this case is as follows: "the defendant was elected as a candidate for the 13th regular election of the 13th regular election of the head of the Sejong Agricultural Cooperatives, which was implemented on February 1, 2002, and the defendant was to be elected as the head of the agricultural cooperative; on December 18, 2001, with the purpose of getting the defendant to be elected as the head of the agricultural cooperative, at around 13:00 on December 18, 2001, at the parallel of the 10 electors, including Nonindicted 1, etc., such as the defendant 1, for the purpose of holding the 10th regular election of the defendant, at around 3:00 on July 12, 200, at around 373-12 of the Gangseo-gu Seoul Special Metropolitan City, Changwon-gu, Changwon-gu, Changwon-gu, Changwon-dong, the prosecutor and the court below found the defendant guilty of all the charges of this case."

2. The judgment of this Court

However, the above judgment of the court below is not acceptable.

Article 50 (1) 1 of the Agricultural Cooperatives Act (hereinafter referred to as the "Act") provides that no person shall provide, express an intention to provide, or promise to provide money, goods, entertainment, other property benefits, or public or private positions to an elector for the purpose of getting him/herself or a specific person elected or not elected as an executive officer or representative of a local agricultural cooperative. Article 172 (1) of the Act provides that an agricultural cooperative shall punish violations thereof. Since an autonomous organization formed voluntarily by its articles of association and majority in order to protect its own interests is guaranteed by its internal operation, the rules of election of executive officers established by the cooperative shall be a kind of self-governing law and have legal effect as well as the articles of association of the cooperative, and therefore, even if the above Acts do not provide for the definition of an elector, the act of offering money and goods to an elector shall be deemed to be a violation of Article 50 (1) 1 and 172 (1) of the Act. Article 170 (2) 1 of the Act shall be deemed to have been established on the election day of public announcement.

According to the records, Article 63 subparagraph 2 of the articles of incorporation of the Dobong Agricultural Cooperative, in which the defendant is its members, "other important matters concerning the enforcement of the articles of incorporation" shall be prescribed by the rules, and Article 2 (1) of the articles of incorporation, Annex to the articles of incorporation, executive officers, and election rules of the Union of Pyeongtaek Agricultural Cooperatives shall be the electors, who are listed on the list of union members (where a meeting of representatives is elected at the meeting of representatives, the list of union members) as of the date of public announcement of the election. Article 9 of the election regulations provides that the chairperson of the election management committee shall publicly notify the executives, electors, election day, persons eligible for election, the place where the candidate registration is received, the time when the voting is commenced, the place and time when the voting is commenced, the location of the polling station and ballot-counting place, and other necessary matters must be elected on January 20, 202 in accordance with the above regulations, the elector shall be designated as the "head of the association", and the election day shall be announced on February 1, 2002.

In the same way, as stated in the above facts charged, the defendant's act of offering money and goods to union members on December 18, 2001, which was before January 2002, 202, as stated in the above facts charged, does not constitute an act of offering money and goods under Article 50 (1) 1 of the Act.

Nevertheless, the court below's finding the defendant guilty of the above facts constituting the crime is deemed to have committed a misunderstanding of the legal principles as to Article 50 (1) 1 of the Act, and since such illegality has influenced the judgment, the judgment of the court below is not reversed.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Seo-sung (Presiding Justice)