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(영문) 수원지방법원 안산지원 2017.02.02 2016고정1659
업무방해
Text

Defendant

A shall be punished by a fine of KRW 2,00,00, KRW 2,000, KRW 3,000, KRW 500,00 for each of the offenses against Defendant B, C, D, E, and F.

The Defendants are the defendants.

Reasons

Punishment of the crime

The Defendants are the owners or occupants of the “H Mart”, which is the aggregate buildings in the Gu of Ansan-si.

H Mart management body is an organization consisting of the aforementioned sectional owners and occupants, and the H Mart management body has a representative committee performing the duties of collecting and executing management expenses for the maintenance and repair of commercial buildings under the H Mart management division.

According to Article 20 of the H Mart Management Rules, the authority to convene a temporary meeting is limited to the chairperson of the representative committee. According to Article 22 of the above Code, matters concerning appointment and dismissal of the representative committee are matters to be resolved at the meeting, and the victim I was dismissed from office at that time.

Therefore, the Defendants did not have the authority to convene an ordinary general meeting or a temporary meeting against H Mart merchants.

Nevertheless, Defendants and J, K and the 18th Chairman of the 19th Representative Committee (2012 to 2014)

L, while the victim I was in office as the 20th chairperson of the above Representative Committee (from June 1, 2014 to May 30, 2015), the victim I conspired to organize the "H Mart Emergency Countermeasures Committee (Safety Countermeasures Committee)" and to interfere with the chairperson's duties.

From April 6, 2015 to May 6, 2015, Defendants, J, K, and the above L simultaneously sent a certificate of the content that “the representative committee shall be dissolved” to the above H Mart representative committee office from May 7, 2015, and around May 21, 2015, Defendants, J, and the above H Mart merchants signed on “the consent to dismiss the victim’s” to “the consent to dismiss the victim,” and issued a public notice on each floor of “H Mart” as if they were elected as the chairperson of the H Mart representative committee by way of regular procedures.

Defendants, J, K, and the above L continue to exist without the consent of the above victim, who is the head of the H Et around June 16, 2015.

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