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Main Issues
Where a representative of a reconstruction association member attends a general meeting of association without attaching his/her certificate of personal seal impression to his/her proxy in violation of the provisions of the articles of association (effective)
[Reference Provisions]
Article 325 of the Criminal Procedure Act
Escopics
Defendant
upper and high-ranking persons
Prosecutor
Judgment of the lower court
Seoul Southern District Court Decision 2006No1747 Decided April 11, 2007
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
In a case where a representative attends a resolution of a general meeting of a cooperative in the rebuilding association agreement, it is to verify whether the principal has a genuine delegation by the member himself/herself. As such, as long as the principal has delegated his/her representative to attend a general meeting to the representative in advance and the representative has presented his/her power at the general meeting, the principal’s attendance cannot be deemed null and void merely because he/she has submitted his/her certificate of personal seal impression late.
The court below is just in light of the above legal principles and records in holding that the resolution of this case was valid since 12 persons present at the general meeting of the reconstruction housing association without attaching their personal seal impression and present at the general meeting of the rebuilding housing association as proxy after the resolution of this case was completed, and that the resolution of this case was duly concluded with the quorum. The court below affirmed the judgment of the court of first instance which acquitted the defendant on the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the false entry in the authentic copy of the authentic deed and the unlawful exercise of the original copy of the authentic deed which are premised on
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Hwang-sik (Presiding Justice)