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(영문) 인천지방법원 2020.10.08 2019가합995

임원연석회의및이사회무효확인

Text

The instant lawsuit is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a regional resident or a person who resides in Incheon Metropolitan City as his/her descendants or is engaged in the business of life in Incheon Metropolitan City, and is a non-corporate group established for friendship, the promotion of welfare, and the development of local communities among members, and the plaintiff is a defendant's member.

The defendant's bylaws (hereinafter referred to as the "Rules") and the Enforcement Rules thereof (hereinafter referred to as the "Enforcement Rules") have the following contents:

VII.(Executive Officers)The Board shall have the following executive officers:

3. President: One person.

4. Chief Vice-Chairperson: One person;

5. Standing vice-chairperson: two persons;

6. Auditor: two persons.

7. Vice-chairpersons: Not more than 50 officers (excluding ex officio vice-chairpersons) under Article 8 (Duties of Officers) shall pay membership fees to officers, and the duties of officers shall be as follows:

3. The chairperson shall represent the whole Incheon Metropolitan City and exercise overall control over it, and preside over all administrative affairs.

4. The chief vice-chairman shall assist the chairman, and act on behalf of the chairman on his behalf; and

5. The standing vice-president shall assist the president and the chief vice-president, and exercise overall control over the secretariat; and

6. The vice-chairpersons shall share the duties of the president, and shall act for the president in the order of the oldest of the vice-presidents, in cases where there is no president, the chief vice-presidents

Article 9 (Election of Officers) Officers shall be elected and appointed as follows:

If a person who has a social virtue and has no penalty of imprisonment without prison labor or heavier punishment has no grounds for disqualification of a member, the Chairperson may serve as the Chairperson, and the Chairperson and the auditor shall be elected at the joint meeting of executive officers and shall report it to the general meeting of shareholders.

(Provided, That the president of the local council shall appoint the president of the local council and report at the joint meeting of executive officers after being commissioned by the president of the local council and the vice president of the local council.

Article 11 (Dismissal of Officers) Any executive officer who falls under any of the following cases may be dismissed:

The loss of the dignity of officers and the serious reputation of officers or the main body of the Council.