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(영문) 서울중앙지방법원 2017.04.14 2016가합548754

총회결의무효확인

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the Central Family Council representing H, I, and J, the members of which consist of both adults with C gender, women, and the Plaintiffs are the Defendant’s subordinate members.

The parts relating to the defendant's bylaws at the time of August 24, 2012 are as follows.

Article 5 (Rules) This Council shall be composed of executive officers, delegates and adult members.

(1) Advisors (honorarys, standing advisers, and advisers), 20 or less persons, and 6th executive officers: (3) 20 or less ex officio advisers (2) ; (4) 1 chief vice-chairperson (5-1); (5) ex officio vice-chairperson, 6th executive officers, 6th executive officers, 6th executive officers, 30 or less, and 5th executive officers; (5-2) presidents, 5th executive officers and vice-presidents; (6) presidents, 6th executive officers and vice-presidents, according to the composition of the sub-committee.

(7) Representatives are within 200 persons and to be within 35 persons in K, L 30, M 70, N35,O25, and P, including six-party branch and regional branch associations.

Article 7(1)(1) The Chairperson shall be elected at the General Assembly of Representatives by a majority of the incumbent members (including a delegation letter) and by a majority of the present members, and may be elected by a show of hands or a secret vote.

(2) The chief executive officer, branch chief executive officer, and regional chief executive officer shall be appointed by the chief executive officer as ex officio chief executive officer.

(5) Representatives shall be appointed or dismissed by the Chairman on the recommendation of six-party branches, regional branches, and the Federation.

Article 8 (1) The term of office of the Chairperson, executive officers, and delegates shall be two years, and the Chairperson may be reappointed.

However, the term of office of the officer on board shall be the remaining term of his predecessor.

(3) A person who has not paid membership fees within the payment period shall be deemed to have retired.

Provided, That this shall not apply when reasonable grounds are deemed to exist.

§ 10 (Duties and Dismissal of Representatives) (1) An adviser, the chairperson, and the vice-chairperson shall be ex officio representatives.

(4) A person who has unpaid membership fees within the due date shall be deemed to have retired.

XI.(Meetings) Meetings shall be held at meetings of the plenary session, substitute general meeting, and executive meetings.

Provided, That if necessary, a standing committee may be organized.