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(영문) 서울중앙지방법원 2020.08.27 2019가합566715

회원제명 무효확인의 소

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1. The Defendant’s disposition of expulsion for membership against the Plaintiffs on June 24, 2019 confirms that the disposition of expulsion for membership is null and void.

2. The costs of the lawsuit.

Reasons

Basic Facts

The defendant is an organization established on October 28, 2003 for the purpose of promoting friendship and rights and interests among its members, promoting the development of the video industry, promoting international technology and human exchanges, and fostering technical human resources specializing in film photographing. The plaintiffs are regular members belonging to the defendant and were expelled.

I was elected at the general meeting of the defendant around October 2012 and was appointed as the president at the general meeting of the defendant. On December 21, 2012, I completed the registration of a director with the sole power of representation.

Defendant I notified the meeting of the board of directors on June 2019 and listed the following as ① the case of the 39th J meeting, ② the case of the general meeting, ③ the case of the association complaint, ④ the case of the petition of the Ministry of Culture and Sports, ⑤ other items on the agenda.

At the time, the defendant was composed of 17 foreign photographs consisting of the chief director, K, L, M, directors G, N, P, Q, R, S, T, U, V, W, X, and Y.

On June 24, 2019, the Defendant attended a meeting of the board of directors held by 11 members, i.e., president I, president K, president K, director N, directors N, Q, Q, R, Q, W, S, T, and VI (hereinafter “instant board of directors”) to recommend the Plaintiffs (hereinafter “instant resolution”).

Article 5 (Qualification of Members) Members of the plenary session shall be those who are engaged in video creation technology and who consent to the establishment purpose of the plenary session and submit an application for prescribed attendance and obtain the approval of the plenary session.

Article 10 (Reward and Punishment of Members) (2) If a member of a plenary session falls under any of the following cases, he/she may be subject to disciplinary action following a resolution by the board of directors:

2. Where he obstructs the business of the plenary session;

3. Where he damages the honor of the plenary session; and

4. Where it promotes firefighting among members and interferes with the general assembly and resolution of plenary session; and

5. Where he is sentenced to imprisonment without prison labor or heavier punishment.

1. Warning;

2. Reprimand;

3. The time-limit regime; and

4. The expulsion of officers provided for in Article 11 (Kinds and Fixed Number of Officers) shall have the following officers:

1. One chairman;

2. Vice-chairpersons;