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(영문) 대전지방법원 공주지원 2014.05.13 2013고정56
업무방해등
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A was a person who was the head of the site of the Korea Food Service Federation (hereinafter referred to as the “Korea Food Service Federation”) established in Chungcheongnam-Nam from around October 201, 201, who was dismissed from office as of March 22, 2012, and Defendant B was a person who was the head of the F branch of the Korea Food Service Center (hereinafter referred to as the “F branch”); and Defendant B was discharged from office as of March 22, 2012, who was discharged from office as of December 22, 2012.

According to the articles of incorporation of the Korea-style Food and Drug Association, a branch general meeting shall decide on the election of officers as the highest deliberative body of the branch, matters concerning the approval of budget and settlement of accounts, and other important matters, and shall be composed of representatives of the branch. The meeting date, time, place, purpose, and agenda items, etc. of the branch general meeting shall be notified in writing seven days before the meeting is held, and the general meeting shall be held by attendance of a majority of the incumbent representatives, and

Defendant

A was dismissed as of March 22, 2012. Defendant B was dismissed on the same day, and Defendant B was no longer a member or employee of the Korea Food and Drug Association and did not have the authority to hold a general meeting, and did not give notice of convening a general meeting seven days prior to the holding of the general meeting. Defendant B did not meet the intention and the quorum of the majority of the incumbent representatives present and the consent of the majority of the delegates present.

Nevertheless, around April 25, 2012, the Defendants held a general meeting in the name of “regular general meeting” at the H hall located in Chungcheongnam-nam G, with the consent of 78 members present at the meeting and 120 members who submitted the power of attorney on withdrawal from the meeting and the reversion of property rights (the members of the F branch declare withdrawal in an unreasonable administration of the Korea Food and Drug Organization Federation, and the F branch’s property rights and all all the matters belong to a new organization). However, since the general meeting violated the procedure as above, the Defendants were the members of the F branch, and thus, the withdrawal and property rights of the F branch.

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