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(영문) 춘천지방법원 강릉지원 2017.03.21 2016가합694

당선무효확인

Text

1. The decision that C was made as the elected person of the branch office in the election of the head of the branch office held by the Defendant on November 15, 2016 is null and void.

Reasons

1. Basic facts

A. The non-party Gangwon-do Private Passenger Transport Business Association (hereinafter “non-party association”) is a passenger transport service provider organization established by private taxi business operators in Gangwon-do based on Article 53(1) of the Passenger Transport Service Act. The defendant is a branch of the above association established based on Chapter 6 of the articles of association of the non-party association, and the plaintiff is a member of the non-party association.

Article 31 (Operation of Branch Office) (1) of the Gangwon-do Articles of Association of the Private Passenger Taxi Transportation Business Association shall be operated in accordance with the Rules of Operation of the Branch separately established.

(2) Establishment or amendment of branch operation regulations shall be subject to the resolution of the board of directors.

(3) The head of a branch office shall be elected and approved by the chief director from among the union members eligible for election for representatives for each branch office, and the head of a branch office shall become a representative automatically.

(4) A person who loses his/her office as the head of a chapter shall also automatically lose his/her office.

X.(Branches)In order to facilitate the operation of unions, unions may be established under the control of unions by obtaining authorization from each Si/Gun/Gu administrative pledge unit.

Article 42 (Members of Branch Offices) (1) Members shall belong to the branch offices in which they are located and comply with the provisions enacted based on the articles of incorporation and the regulations for branch operations.

(Omission) The provisions of Article 2 (Scope of Application) of the Gangwon-do Regulations on Election Management of Private Taxi Transport Business Association shall apply to the election of the chief director, branch chief and representatives of the Gangwon-do Private Taxi Transport Business Association

Article 7 (Limitation of Eligibility for Election) Any of the following persons as of the public notice date of an election shall be ineligible for election:

1.-3. (Omission)

4. Five violent crimes (homicide, rape, robbery, narcotics, and abduction) for which a sentence of imprisonment without prison labor or heavier has become final and conclusive, or in connection with the business of the cooperative, a punishment of a fine of at least one million won has been determined and for whom five years have not passed since the date on which the sentence ends;

5. (Omission) Gangwon-do Private Taxi Transportation Business Association;