Status of the head of the Seoul Agricultural Products Joint Center

In full view of Article 24(3) of the Agricultural Cooperative Planning Regulations, Article 13(4), Article 40, Article 41 of the same Regulation, and Article 12 of the same Act, the head of the joint wholesale market is a person who executes accounting affairs under Article 2(6) of the Act on Liability of Accounting Personnel, Etc.

Articles 2, 3, and 4

Plaintiff

Board of Audit

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

The judgment dismissing the plaintiff's motion for retrial on September 5, 1972 that "the plaintiff is liable to compensate for KRW 4,434,933 to the Federation of Agricultural and Fishing Cooperatives" that was rendered by the defendant as the 6th judgment of the court below in 72 year against the plaintiff is revoked.

The defendant, as a 13th day of March 31, 1972, is liable for compensating for the amount of KRW 4,434,93 to the National Agricultural Cooperative Federation. According to the plaintiff's request for review as to the facts dismissed and disposed as 6th day of May 72 of the same year by the court below in September 72 of the same year, the grounds for recognizing that the defendant is liable for compensating for the amount of KRW 4,434,933 to the plaintiff are liable for compensation according to Eul evidence 1,2 (the court's decision and the review decision of the Board of Audit and Inspection and the review) without any dispute between the parties, and the defendant is working as the head of the Seoul National Agricultural Cooperative Federation's joint market (hereinafter referred to as Seoul joint market: Provided, That only the Seoul joint market) from March 23, 1970 to December 31, 1971, the plaintiff can arbitrarily withdraw the amount of KRW 4,434,933 from the working expenses leading to the joint market and keep the remaining amount of KRW 134,540.

In light of the above-mentioned provision, the plaintiff's 1 to 4 and 1 to 3 non-party 1 to 4 and to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 4 non-party 1 to 5 to 6 non-party 1 to 3 to 4 non-party 1 to 4 to 5 to 4 non-party 1 to 4 to 5 to 1 to 4 non-party 1 to 2 to 2 to 3 to 4 to 4 to 1 to 1 to 5 to 2 to 1 to 4 to 2 to 2 to 2 to 3 accounts.

Even if there were such budgetary uses as above, the plaintiff defense that all of them did not cause actual damage to the organization to which he belongs, which is the organization to which he belongs, within the scope of the budget items led by the National Federation. However, the plaintiff's defense of this part is groundless since it did not cause the damage to the organization to which he belongs because it paid money to newspaper reporters, etc., who are not the legitimate borrower, for the purpose of cooperation, etc., according to the name of legitimate receipt, etc., for the purpose of cooperation expenses.

Thus, the plaintiff is responsible for compensating the National Agricultural Cooperative Federation for the 4,434,93 won useful. In this regard, the judgment of this case maintained by the defendant's original decision of compensation and dismissed the plaintiff's request for retrial is legitimate, and the plaintiff's claim is without merit. It is so decided as per Disposition with the burden of the losing party.

Judges Lee Jin-jin (Presiding Judge)