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(영문) 광주지방법원 2017.02.07 2016노974
공공단체등위탁선거에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles does not constitute an act of entering false facts in the electoral registry, as long as the Defendant was unable to prepare the electoral registry except disqualified persons without any judgment by the board of directors on whether he/she is qualified as a union member, but is not qualified as a union member.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and examined at the lower court and the first instance court, the Defendant can sufficiently recognize the fact that at least 1,811 of all members of Ghana-ama are not eligible for membership, while knowing that he/she is a person who is not eligible for membership.

1) Article 29(3) of the Agricultural Cooperative Act provides that “The board of directors shall confirm whether all or part of its members falls under any subparagraph (i) of paragraph 2 (where a member is not qualified: 2: where a member is deceased; iii: bankrupt, etc.).”

Article 43(3)3 of the same Act provides that “A resolution by the board of directors on the qualification examination and acceptance of joining a cooperative member” shall be made, and Article 105(2) of the same Act and Article 10 of the Enforcement Decree of the same Act provides that a cooperative member may be qualified if a cooperative member raises cattle 2 or more than a certain standard, such as 10 marins and pigs 10 marins, and the E Livestock Industry Cooperatives (hereinafter “the Association in this case”) shall also state the same content as the president of the E Livestock Industry Cooperatives. Thus, the confirmation of whether a cooperative member is qualified under the above provision shall be construed as an obligation exclusively granted to the Association.

B. Pursuant to Article 43(2) of the Agricultural Cooperative Act, and Article 48 of the Articles of association of the instant cooperative, the board of directors of the cooperative shall convene and preside over the president of the cooperative, which is the head of the instant cooperative.

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