Even if an agricultural cooperative runs a processing business using grain as its raw material, it is not required to obtain permission from the Government in view of the purpose and nature of the cooperative.

Even if an agricultural cooperative runs a processing business using grain as its raw material, it is not required to obtain permission from the Government in view of the purpose and nature of the cooperative.

Article 13 of the Agricultural Cooperatives Act, Article 13 of the Grain Management Act, Article 16 of the Grain Management Act

Defendant

Busan District Court Decision 70No1023 delivered on May 6, 1970

The original judgment is reversed, and the case is remanded to Busan District Court Panel Division.

Defendant’s ground of appeal No. 2

Article 13 of the Agricultural Cooperatives Act, amended by Act No. 670 on July 29, 1961, stipulated that Article 13 of the Grain Management Act does not apply to agricultural cooperatives, and Article 13 of the same Act was amended by Act No. 136 on Aug. 7, 1963, and Article 16 (1) of the same Act was amended by Act No. 136 on Jan. 16, 1967, but the provision of Article 13 of the Agricultural Cooperatives Act was amended by Act No. 1879 on Jan. 16, 1967, the government's permission was sought to grant permission.

However, Article 13 of the Agricultural Cooperatives Act provides that an agricultural cooperative shall exclude the application of Article 13 of the Grain Management Act to an agricultural cooperative even if the agricultural cooperative runs the processing business using grain as the raw material, in view of the purpose of the provision, it is reasonable that the government does not require the permission in light of the nature of the provision, and therefore, the provision of Article 13 of the Grain Management Act that requires the permission of the Government in the above grain milling business is modified, and there is the literature arrangement under Article 16 of the same Act and Article 13 of the Agricultural Cooperatives Act that excludes the application of the Act on Trade Control and Etc., so it cannot be interpreted that the Act is amended to require the permission of the Government in the event the agricultural cooperative carries on the above milling business, because the provision on the regulation of imported grain under Article 13 of the Food Grain Management Act with the newly arranged provision is not a provision of the nature that excludes the application of the Act to the agricultural cooperative. Therefore, the decision of the court below on the ground that the above decision is inconsistent with the opinion of the court below.

Therefore, according to Article 437 of the Criminal Procedure Act, it is decided as per Disposition by the assent of all participating judges.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet