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(영문) 부산지방법원 동부지원 2018.08.29 2017가합105233

제명처분무효확인의소

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1. On July 18, 2017, the Defendant confirms that a resolution by the board of representatives dissiping the Plaintiff from its members is null and void.

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Reasons

1. Basic facts

A. The defendant is a juristic person established with the objective of enhancing the productivity of members who run fisheries, promoting the expansion of markets for fishery products produced by members and the facilitation of distribution of fishery products, providing funds, materials, technology, information, etc. required by members to improve their economic, social, and cultural status, and the plaintiff is the defendant's member.

B. The Defendant’s board of directors, which decided to dismiss the Plaintiff’s association members, against the Plaintiff, on the ground that the Plaintiff committed an act violating Article 26(1)3 of the Articles of Incorporation (hereinafter “instant cause for expulsion”) in the “The First Provisional Board of Representatives, 2017,” which was held on July 18, 2017, as follows:

From June 2, 2017 to June 9, 2017, the Plaintiff started to divide about 35 illegal placards into the entire C-Gun fishing village fraternity. The contents of banner caused damage to the image, reputation, and credit of the Do association and the head of the Do fishing village fraternity with the real name of the B-A-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U.

In such cases, the notification and method of voting of members and other matters necessary for voting shall be determined by the articles of association.

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