Whether an administrative fine may be imposed on the grounds that the representative of an agricultural partnership neglects the registration of change of an officer (negative)

Article 16(6) and (7) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises

Offenders

Daejeon District Court Order 2012Ra987 dated January 23, 2013

The order of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.

The grounds for reappeal are examined ex officio.

The lower court upheld the first instance court’s decision, which was sentenced to a fine for negligence, on the ground that the auditor Nonparty 1 retired on March 31, 2000, and the re-appellant and the director Nonparty 2,3, and 4, who were the representative director, retired on December 28, 201, respectively, on the ground that he/she applied for registration of change on September 7, 201, even though he/she applied for registration of change on September 11 through 12, 2012, since he/she applied for registration of change on September 7, 2012.

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

Except as otherwise provided for in this Act, the provisions of Articles 3, 4, 5 (2) and (3), 6 through 15, 17 through 29, 56, and 58 through 76 of the Commercial Registration Act shall apply mutatis mutandis to the registration of agricultural and fisheries enterprises, which provide for the establishment, registration, etc. of agricultural and fisheries enterprises (hereinafter referred to as the “Agricultural and Fisheries Enterprises Act”) under Article 16 (6) of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises. In addition, the provisions of the Act on Fostering and Supporting Agricultural and Fisheries Enterprises provide that “Except as otherwise provided for in this Act, with respect to the registration of agricultural and fisheries enterprises, the provisions of Articles 3, 4, 5 (2) and (3), 6 through 15, 17 through 29, 56, and 56 through 76 of the Commercial Registration Act shall apply mutatis mutandis to the registration of an administrative fine for negligence by a representative of an agricultural and fisheries partnership, and the provisions of the Civil Act on the registration of an administrative fine shall not apply mutatis mutandis to the change.

Nevertheless, the court below maintained the re-appellant's decision of the court of first instance, who is the representative director of the Geumsan Agricultural Partnership. In so doing, there is an error of law by misunderstanding the legal principles on registration of change of executive officers of the agricultural partnership and administrative fines, thereby affecting the conclusion of the judgment.

Therefore, the order of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-deok (Presiding Justice)