(영문) 서울고등법원 2016.12.13 2016나9867



1.The judgment of the first instance shall be modified as follows:

The plaintiff's primary claim is dismissed.

B. The defendant


1. Basic facts

A. The plaintiff is an incorporated association established under Article 53 of the Infant Care Act and has a subcommittee for each type of child care center pursuant to Article 41(2) of the Enforcement Rule of the Infant Care Act. The defendant is a non-corporate group among the above subcommittees.

B. Of the Plaintiff’s articles of association and operational rules, the provisions pertaining to members and membership fees are as follows.

[Articles of Incorporation 5 (Members) The members of this meeting shall be representatives of the head of the child-care center and the child-care center under Article 10 of the Infant Care Act, one facility member, and shall be admitted through the prescribed membership procedure.

Article 6 (Rights and Obligations of Members) (1) Members of this meeting shall have the right to vote, to be elected, and to vote in various meetings, and shall be obliged to comply with all the regulations including the obligation to pay membership fees and the articles of incorporation of this meeting, and to comply with the resolutions of all meetings.

(3) Membership fees shall be determined by the Assembly.

(4) If a member fails to perform his/her obligation to pay membership fees for not less than six months, his/her eligibility shall be automatically suspended, and the cancellation of qualification shall expire two months after the full payment of membership fees.

(5) The method of collecting and paying membership fees shall be prescribed by separate regulations.

(6) Each subcommittee, each City/Do federation, and each Si/Gun/Gu branch office shall automatically suspend local qualification rights when the collected membership fees are not paid to superior agencies for not less than two months.

[2] Article 2 (Qualification of Members) (1) of the Operational Rules (Qualification of Members) Article 5 of the Articles of Incorporation shall be the head and representative of a childcare center under Article 10 of the Infant Care Act and Article 41 of the Enforcement Rules

(2) Each City/Do federation, Si/Gun/Gu branch associations, and all subcommittees shall pay membership fees, as well as the regular membership fees, in order to maintain the membership of the central association.

Article 6 (Membership Fees) (1) Membership fees shall be determined at the general meeting of the relevant year according to the type of facilities.

(2) Membership fees shall be classified into the National Federation Expenses, City/Do Federation expenses and Si/Gun/Gu branch membership fees.

(3) Membership fees of the Central Federation by member.