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(영문) 대법원 2018.09.13 2016도20954
사문서변조등
Text

The judgment below is reversed, and the case is remanded to the Seoul Central District Court.

Reasons

The grounds of appeal are examined.

1. The summary of the facts charged in this case is that the Defendant would refuse to sign the minutes of the first board of directors meeting minutes of the school juristic person C in 2014 (hereinafter “instant minutes”).

D’s Schedule to the Terms and Conditions

D’s signature portion (hereinafter “the instant text”) was deleted from the minutes of this case and exercised the minutes of this case.

The lower court found the Defendant not guilty of the instant facts charged on the ground that: (a) the phrase of this case cannot be deemed as having acknowledged the authenticity of the instant minutes; and (b) the term of this case was not included in the minutes of the board of directors completed in the name of D and F at the time when the Defendant deleted the instant text by refusing to sign by the director F; and (c) the term of this case was written without the consent of J, etc., which is the director already signed, and thus, it cannot be deemed that the deletion of the term of this case could not be an alteration to the minutes of this case.

2. However, we cannot accept the judgment of the court below for the following reasons.

(a) the authority of the Director with respect to the meeting minutes of the board of directors shall contain the reasons for refusing to sign and shall have the authority to sign thereon;

When a director issues an order in the meeting minutes of the board of directors, if it is not necessary to obtain the consent of the chief director or other directors, it shall be deemed that the consent of the chief director, etc. is unnecessary in signing the order.

Therefore, if a director puts his/her signature on the grounds for refusing to sign the minutes of the board of directors instead of signing, the contents of the minutes of the board of directors shall be part of the minutes unless there are special circumstances, and even if the president of the board of directors arbitrarily deleted them, it would bring new probative value upon changing the contents of the minutes of the board of directors

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