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(영문) 서울행정법원 2016.06.30 2015구합82327
견책처분취소
Text

1. The plaintiff's lawsuit against the defendant Financial Services Commission shall be dismissed.

2. The plaintiff's Governor of the Financial Supervisory Service.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who entered the Association B on May 2, 2005 (hereinafter “Association”) and served as a current representative (class IV).

B. As a result of the inspection conducted on the Association, the Defendant Governor recommended the Financial Services Commission to take disciplinary measures against the Plaintiff on May 7, 2015 on the ground that the Plaintiff failed to notify the Association of the report on opening of an account and the quarterly trading details, even though the Plaintiff traded shares on its own account from August 3, 2009 to September 18, 2014.

According to Articles 63(1) and 289 of the Financial Investment Services and Capital Markets Act and Article 64(2) and (4) of the Enforcement Decree of the Financial Investment Services and Capital Markets Act, executives and employees of the Association who sell and sell financial investment instruments on their own account through one account, and report the opening of an account in their own name, and shall report the opening of an account to the Association on a quarterly basis. However, the Plaintiff did not establish a securities account in the name of spouse (hereinafter “instant securities account”) opened in the future deposit securities from August 3, 2009 to September 18, 2014, using the securities account in the name of the spouse (hereinafter “instant securities account”), and sell and sell 27 items of stocks including 27 items of stocks including e.g., stocks on one’s own account (25 million won: 25 million won, and 25 days). Dur the same period, the Plaintiff did not notify the Association of the opening of an account and the quarterly trading statement.

C. On October 18, 2015, Defendant Financial Services Commission passed a resolution on sanctions against the Plaintiff for the following reasons (hereinafter “instant resolution”). D.

On October 23, 2015, the Governor of the Financial Supervisory Service notified the Association of the results of the inspection, and requested the Plaintiff to take disciplinary measures against the Plaintiff.

(hereinafter referred to as “instant measure request”). [Grounds for recognition] did not dispute, Gap evidence 1, Gap evidence 2, Gap evidence 8, and Gap evidence 9-1 and 2.

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