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(영문) 대법원 2018.04.12 2018도2293
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Article 32 of the Act on Corporate Governance of Financial Companies (hereinafter “the Act on Corporate Governance of Financial Companies”) provides that “The Financial Services Commission shall examine whether the largest shareholder among the largest shareholders of a financial company meets the requirements prescribed by Presidential Decree (the requirements for maintaining eligibility), such as not violating the Monopoly Regulation and Fair Trade Act, the Punishment of Tax Offenses Act, and the Act on Punishment of Tax Evaders, and the Acts and subordinate statutes prescribed by Presidential Decree, at a certain time, with respect to the largest shareholder of the financial company.”

In addition, Article 2 (2) of the same Act provides that when a financial company finds that the requirements for maintaining eligibility are not met, the duty to report to the Financial Services Commission when it finds that the financial company failed to meet the requirements for maintaining eligibility, the demand to provide data or information for examining eligibility, the order to restrict the exercise of voting rights when it is difficult to maintain the order to take measures when it fails to meet the requirements for maintaining eligibility as a result of the examination, and the order to restrict the exercise of voting rights when it is difficult to take measures when it fails to meet the requirements for maintaining eligibility as a result of the examination, and Article 38 of the Criminal Act provides that the crime

In full view of the forms and contents of the above provisions, Article 32 of the Act on the Management of Financial Companies seems to stipulate matters necessary for the examination and measures of the Financial Services Commission while requiring the Financial Services Commission to conduct a periodic examination of eligibility for examination in order to maintain the soundness of the management of the financial company.

However, Article 32 of the Act on the Management of Financial Companies defines the subject of examination of eligibility as one of the largest shareholders of a financial company as one of the largest shareholders of the financial company, and ultimately, the subject of examination of eligibility is a requirement to maintain the eligibility of the largest shareholder who is subject to examination of eligibility on a regular basis.

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