2. The costs of lawsuit are assessed against the plaintiffs.

A. The Defendant is an incorporated association established for the purpose of social welfare, promotion of national health, protection of rights and interests of its members, friendship among its members, etc. as its members, and the Plaintiffs are the Defendant’s members.

B. On April 26, 2009, the Defendant held the 61st regular meeting (hereinafter “instant general meeting”) at the 63 buildings located in the Dong-dong, Yeongdeungpo-gu, Seoul. The instant general meeting was presented at the instant general meeting to amend the articles of association as shown in attached Table 1 (hereinafter “instant agenda”). The instant agenda was resolved with the consent of 162 from among the 243 registered representatives, including the representatives elected by the Korean Medical Association and the Korean Medical Association, and 128 representatives present (hereinafter “instant resolution”).

C. The main contents of the Defendant’s articles of incorporation at the time of the instant general assembly are as shown in attached Form 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion

1) Article 48 of the Defendant’s Articles of Incorporation provides that the representatives elected at the medical conference shall attend the representative meeting, not the organizations organized by the Defendant’s articles of incorporation, but the Korean Medical Association is an incorporated association established by the separate procedures for the establishment of a legal entity, and is not a medical meeting as prescribed by the Defendant’s articles of incorporation. Thus, the representatives elected by the Korean Medical Association shall be disqualified, and pursuant to Article 25 of the Defendant’s Articles of Incorporation, representatives shall be elected by the direct and secret vote of the members at each branch, medical council, and council. However, according to the rules of each branch, medical council, and council, the council of the Korean Medical Association recommended representatives at the instant general meeting may be elected separately. Since the council of the Korean Medical Association did not follow the method of direct and secret voting while selecting representatives, the representatives elected by such method shall be disqualified, and since some of the representatives who participated in the instant resolution at the time of the replacement of representatives at the time of the instant resolution did not meet the quorum.

2) In addition, according to Article 42 of the Civil Act, the articles of incorporation of an incorporated association may be modified only by a resolution of the general meeting of members. The instant resolution is null and void because it is not by the general meeting of members, but by a resolution

B. Defendant’s assertion

1) The Korean Medical Association as an incorporated association, while maintaining its identity with the Korean Medical Association, which is an affiliated organization of the defendant, elected representatives as an incorporated association according to the need for financial management. The Korean Medical Association elected representatives according to the previous practice and the resolution of the Korean Council members. In addition, some of the representatives participating in the replacement representatives were present at the instant general meeting in accordance with the defendant’s articles of association, and the above representatives’ assertion that they are disqualified persons is groundless.

2) In addition, Article 42 of the Civil Act is not a mandatory law, and since the enactment of the Defendant’s Articles of Incorporation on May 10, 1947, it has been modified over six times with the permission of the competent authority by the resolution of the representatives’ general meeting, which is the highest decision-making authority of the Defendant, and during that period, the Defendant’s articles of incorporation has been amended in the same way as the Defendant’s articles of incorporation over several times, claiming the invalidity of the instant resolution cannot be permitted

3. Determination

A. Determination as to the assertion that a quorum has not been satisfied due to the participation of an unqualified representative

1) As to whether the Korean Medical Association, an incorporated, is a medical association as provided in the Defendant’s Articles of Incorporation

According to the evidence evidence evidence Nos. 1 through 3, the Medical Association of Korea is established in around 1966 as a consultative body of the defendant, and operated as a non-corporate body. On February 30, 2007, it can be recognized that the establishment of the Korean Medical Association has been approved as an incorporated association with the permission for establishment from the Ministry of Health and Welfare from May 30, 2007. Meanwhile, according to the aforementioned evidence and evidence Nos. 4-1, 2, 6, 8, 9-1 through 5-5, the overall purport of the arguments is as follows; the purpose of the Medical Association of Korea and the Medical Association of Korea established as a consultative body of 1966; the purpose of the establishment of the Medical Association of Korea is to strengthen the number of medical doctors and members; the Korea Medical Association of Korea established as a separate association after the amendment of the articles of association of Korea Medical Association of Korea Medical Association after the amendment of the articles of association of Korea Medical Association of Korea Medical Association; the Korea Medical Association of Korea established as a separate Medical Association of Korea Medical Association of Korea Medical Association.

2) As to whether the representative elected by the Council of the Korean Council is disqualified

In principle, with respect to the selection method of representatives in Article 25 of the Articles of Incorporation, each branch office, medical council and council shall be elected by direct and secret vote of the members: Provided, That the facts that each branch office, medical council and council may be elected by a separate method are acknowledged as above, and the facts that the rules of the Korean Council do not expressly provide for the selection method of representatives do not conflict between the parties, but in full view of the entries in subparagraph 7-1 through 3 and the purport of the whole pleadings, the Korean Council members shall, as ex officio representatives, select the chairperson of the Korean Council members and the number of representatives of the Korean Council members as well as the number of members belonging to each branch office, medical council and the Korean Council members as prescribed by the articles of incorporation of the Korean Council. Such selection method continues to exist for a period of 0 years after the assignment of representatives to the Korean Council members, and it shall be deemed that the method of election of the two Council members was invalid by the resolution of the Korean Council members on June 12, 2008.

3) As to whether a partial replacement representative is an unqualified person

According to the defendant's articles of association, when a representative is unable to attend a general meeting, he/she shall report the fact to the head of the organization to which he/she belongs so that the substitute representative can attend the general meeting (Article 26 (4)), the head of each chapter, the head of each medical science council, and the head of each medical science council shall report the fact and the result of the replacement without delay to the Association when the vacancy of the representative occurs (Article 28 (2)). Where the substitute representative attends the general meeting due to the absence of the representative, he/she shall submit a written consent of the head of each affiliated branch and medical science council, the new representative issued by each chairperson, and the representative present at the general meeting (Article 18 (1)). The above facts are acknowledged as follows; Eul shall be replaced by the evidence 11 through 11; Eul shall be replaced by the new representative present at the general meeting of the non-party 1; the representative of Gwangju Metropolitan City shall be notified by Nonparty 7 with his/her new representative present at the general meeting of this case;

4) Therefore, the plaintiffs' assertion that some of the delegates present at the general meeting of this case as unqualified persons did not meet the quorum is without merit.

B. As to whether the amendment of the articles of incorporation contrary to Article 42(1) of the Civil Act is null and void

Article 42(1) of the Civil Act provides that “The articles of incorporation of an incorporated association may be amended only with the consent of two thirds or more of all the members. However, if there are other provisions in the articles of incorporation concerning the quorum, such provisions shall apply mutatis mutandis.” Article 28(4) of the Medical Service Act provides that “The provisions concerning incorporated associations of the Civil Act shall apply mutatis mutandis to matters not provided for in this Act concerning the National Federation, because the nature of the articles of incorporation is human combination, it falls under the category of incorporated associations of the Civil Act. In the case of incorporated associations, the articles of incorporation is formed through the preparation of the articles of incorporation, i.e., a document stating the fundamental rules of the incorporated associations, and its articles of incorporation is an internal norm binding upon all the members, and an incorporated association needs to amend the articles of incorporation by itself within the extent that it does not lose its identity so long as it must independently act with independent corporate personality, it may amend the articles of incorporation with the consent of at least two thirds of all the members. However, an amendment which is the fundamental norm shall be determined otherwise by the articles of incorporation.

However, according to the National Medical Service Act enacted on September 25, 1951, which was enacted on September 25, 1951, medical practitioners should establish the Central Medical Association and obtain authorization from the competent Minister. According to the Medical Service Act which was completely revised on March 20, 1962, doctors should establish a society in the central government, and when the central association is established, authorization for establishment shall be submitted to the competent Minister and authorization for modification of the articles of association shall be obtained from the competent Minister. After the revision of the Medical Service Act, the Medical Service Act becomes the basis for the establishment of the defendant except that the authorization of the competent Minister is changed to the approval or permission of the competent Minister. Accordingly, the defendant's amendment of the articles of association after the enactment of the articles of association on May 10, 1947, was amended on April 24, 199, and revised the articles of incorporation after approval of the competent Minister without any particular objection, and it cannot be acknowledged that the amendment of the articles of incorporation was null and void by the preceding amendment of the articles of incorporation.

In addition, considering the fact that it is difficult to appropriately amend the articles of incorporation in response to the changes in the manner of a general meeting which directly expresses the intent due to a large number of members, it shall be reasonable and reasonable in the operation of the articles of incorporation, even if the composition of the general meeting of representatives amends the articles of incorporation by the resolution as a representative body consisting of representatives representing members, it shall not infringe the identity or autonomy of an incorporated association under the procedure, or it shall not be likely that the resolution would be exercised against the general meeting of members. Therefore, it is difficult to view Article 42 of the Civil Act as a mandatory law to the extent that the amendment of the articles of incorporation by the resolution of the

4. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

[Attachment]

Judges Kim Tae-sung (Presiding Judge)

1) Article 13-2 (Election of Representatives Dispatched to the Korean Association) (1) The method of election of Representatives Dispatched to the Korean Association pursuant to Article 13-7 (Election of Representatives Dispatched to the Korean Association) is as follows: 1. Representatives shall be composed of ex officio the president of the Korean Association and of the members of each and each of the members council. 2. Replacement Representatives shall give priority to the president of each and the members council not assigned to regular representatives, and shall be composed of the persons recommended by the council of the members and the members council. 3. The distribution of representatives of the president of each and the members council shall be based on the number of members belonging to each and the members of the council of the members. 2. The person appointed at the time of the change of the president of the Korean Association shall succeed to the position of representatives. 3. Representatives who succeed to the position of the representatives.