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(영문) 대법원 1966. 4. 26. 선고 66누27 판결

[징계면직처분취소][집14(1)행,077]

Main Issues

The nature of a district fisheries cooperative under Article 16 of the Fisheries Cooperatives Act;

Summary of Judgment

Since a district fisheries cooperative is an incorporated association under private law, it can not be subject to administrative litigation even if the member was unfairly dismissed.

[Reference Provisions]

Article 16 of the Fisheries Cooperatives Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Hadong Fisheries Cooperatives

The court below

Daegu High Court Decision 65Gu51 delivered on January 18, 1966

Text

We reverse the original judgment.

The principal office shall be dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

ex officio determine the requirements for the principal suit.

According to Articles 16 and 26 (1) of the Act, a fisheries cooperative shall belong to a district fisheries cooperative established under the Fisheries Cooperatives Act (hereinafter referred to as the "Act"), and a person who operates or is engaged in fisheries for not less than 60 days as determined by the articles of association for a year, among fishermen who have their domicile, abode, or main place of business within a specific district (hereinafter referred to as a "cooperative") shall be qualified as a cooperative member. When a cooperative is to be established, not less than 20 fishermen qualified as its members under Article 8 of the Act shall prepare its articles of association and hold an inaugural general meeting without delay, and apply for authorization to the Minister of Agriculture and Forestry under the conditions as prescribed by the Cabinet Decree. Since a cooperative is established by registration of its establishment within the period stipulated under Article 84 of the Act, it shall be established by the competent administrative agency for non-profit purposes and shall not be subject to compulsory examination and improvement of its membership's legal status under the provisions of Articles 31 and 32 of the Act, it shall not be subject to any specific administrative disposition and administrative disposition imposed on the plaintiff's association.

Therefore, the original judgment is reversed, and the principal lawsuit is dismissed in accordance with Article 14 of the Administrative Litigation Act and Article 407 subparagraph 1 of the Civil Procedure Act. The total costs of the lawsuit are assessed against the losing party and are so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge)