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(영문) 대전지방법원 2020.10.15 2019고정1092
업무방해
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the head of the secretariat of the “B Market C Merchant Association” (hereinafter referred to as the “Merchants Association”) located in Sejong Special Self-Governing City, and the victim D is the chairperson of the said merchant Association.

According to the “B Market C Merchant Association’s Articles of Incorporation”, the board of directors shall notify the members of its purpose and date, and may request the Chairperson who is the Chairperson of the Merchant Association to convene a meeting with the consent of a majority of the incumbent members, and the board of directors may pass a resolution with the attendance of a majority of all incumbent members

(Articles of Incorporation and Article 25). On the other hand, the election and dismissal of officers shall be subject to the resolution of the general meeting (Article 21(1)5 of the Articles of Incorporation), the president shall be elected at the general meeting (Article 28 of the Articles of Incorporation); the Speaker, who is the president of the general meeting, shall convene the general meeting (Article 19(2)); the Speaker, when intending to hold the general meeting, shall publish the date, venue and purpose of the meeting at least seven days prior to the date of the meeting (Article 20 of the Articles of Incorporation); the general meeting shall be held with attendance of a majority of the members present and shall pass a resolution with the consent of a majority of the members present (Article 22(1) of the Articles of Incorporation); the members shall exercise voting rights in writing or by proxy only on the agenda notified in advance, but shall not act on behalf of the members (Article 24); and

(Articles of Incorporation Article 23). Nevertheless, the defendant has a complaint in the way of operating the merchant association of the victim D, to dismiss the victim from the president of the merchant association and to elect the defendant to the president, and this part of the facts charged at the meeting of the board of directors held in the second floor office of the customer center of the above merchant association around December 7, 2018 shall have a complaint in the way of operation of the victim D's merchant association, to dismiss the victim from the president of the merchant association and to elect the defendant to the president.

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