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(영문) 서울행정법원 2014.02.28 2013구합15910
과징금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From July 5, 2011 to August 19, 2011, the Financial Supervisory Service: (a) conducted an examination of management diagnosis with respect to the Plaintiff; and (b) notified the Defendant of the diagnosis result that “The equity capital ratio of the BISD at the end of June 201 exceeds KRW 51.1 billion in assets (2,09.4 billion)” was 41.48% in △△△ and the end of July 2011.

B. Accordingly, on August 29, 2011, the Defendant notified the Plaintiff of the following:

(hereinafter “Prior Notice”) No. 3: Prior Notice of the Plaintiff, such as a disposition to improve management, and a request for submission of opinions.

1. The Plaintiff becomes subject to the Financial Supervisory Service’s inspection pursuant to Articles 2 and 10 of the Act on the Structural Improvement of the Financial Industry and Article 48 of the Regulations on the Supervision of Business of Mutual Savings Banks.

2. Prior notice of the scheduled disposition regarding the disposition of an order to improve the management of the Plaintiff, and a request for submission of an opinion thereon is made by September 13, 201.

3. In addition, when submitting opinions, the "management improvement plan" that can normalize management within a short period, such as expansion of capital, shall be prepared with specific evidentiary documents, and the shipment shall be made together.

4. Details to be disposed of (1) The decision of an insolvent financial institution. (2) The business suspension within six months (3) the suspension of all (registration) officers including the representative director from performing his/her duties. (4) The appointment of a manager to act as an agent. (5) The order to reduce the excess of liabilities and to increase capital at a level to maintain the ratio of 5% or more of the equity capital ratio.

C. On October 17, 2012, the Financial Supervisory Service notified the Plaintiff and recommended the Defendant to impose penalty surcharges on the Plaintiff at that time.

Above July 5, 2011 against the Plaintiff

8. From August 23, 2012 to August 23, 2012

8. The results of sector inspections conducted during the period of 24. The plaintiff would have to take the same measures as attachment because the plaintiff violated relevant laws and regulations, etc.

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