(영문) 부산지방법원 2015.04.23 2014고정2695

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(영문) 부산지방법원 2015.04.23 2014고정2695

업무방해등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around January 10, 2012, social welfare foundation D (hereinafter referred to as “D”) appointed the Defendant as the head of E entrusted by the head of the Busan District Office, and entered into an employment contract with the Defendant on November 19, 2012, setting the contract term of the Defendant as one year.

On February 14, 2013, when the defendant was under investigation by suspicion that he received the state subsidy at the time when he was in office as the head of the FF Project Association operated by E, D held a board of directors meeting on February 14, 2013 and dismissed the defendant from position in E, and the victim G around February 14, 2013 as an acting director of E, and the victim H was each appointed on March 6, 2013.

In addition, on March 19, 2013, D held a board of directors to cancel the removal of the defendant from office and return the defendant to the original office, and decided to terminate the appointment contract as of March 21, 2013, and the defendant lost his/her authority to perform his/her duties as the head of E due to the removal from position and the termination of the appointment contract.

1. Interference with business;

A. On February 18, 2013, the Defendant went to work voluntarily on the fourth floor of the office located in the 4th floor of the YY of Busan, and exercised his/her authority as the director, and did not hand over his/her duties to the victim G, the head of the agency, and prevented him/her from using his/her duties, and interfered with the victim’s E manager’s duties by force by ordering the J, the employee of E, to send the victim to the outside of the E office.

B. Notwithstanding the fact that the victim H, who served as the head of E around March 6, 2013, was appointed as the head of E’s acting director, the Defendant did not hand over the work to the victim while exercising his/her authority as the head of E’s work continuously. On the other hand, the victim voluntarily demoted the victim to the head of the agency team around March 12, 2013, and around March 25, 2013, added the type of business to the business registration certificate of the senior job project team for senior citizens.

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