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(영문) 수원지방법원 2019.11.27 2019가합14731

징계결의무효확인 청구의 소

Text

1. On March 5, 2019, the Defendant’s resolution of disciplinary action to suspend the right of termination for each three years against the Plaintiffs at a meeting of executive officers of Category D.

Reasons

Basic Facts

A. The defendant is a clan consisting of descendants who jointly set up the EC 9 years old descendants F, and the plaintiffs are the members of the defendant's clan.

B. The main contents of the Defendant’s clan Rules are as follows.

Article 5 (Election of Representatives) (1) The session shall be comprised of representatives elected from three Subdivisions, and the quorum shall not exceed 30 persons.

(Gms: 10 persons, 10 persons for Hms, 10 persons for Ims). (ii) Article 7 (General Assembly) ① Article 7 (General Assembly) (1) The General Assembly of Representatives shall substitute for a clan General Assembly.

(2) The representative general meeting shall be held separately for the general and extraordinary general meeting.

(3) through (6) omitted) Matters to be resolved at the general meeting of delegates under Article 8 (Matters to be Resolved) are as follows:

1. Establishment and amendment of the regulations;

2. Approval of business plans and budget and settlement of accounts;

3. Matters relating to the cutting of a vessel and the class of current events; and

4. Matters concerning the acquisition, disposal, management and preservation of property;

5. Matters concerning the election of officers and the proceedings of the general meeting of representatives under Article 9 shall be decided with attendance of not less than half of the incumbent members, and with a concurrent vote of not less than half of the incumbent members and with a concurrent vote, and the Speaker shall decide

Article 12 (Executive Officers) The executive officers of the plenary session shall be comprised of the following, and the president shall be selected and recommended at the meeting of the representatives:

Provided, That the secretary general, the full-time members, and the private members shall be appointed by the chairperson, and shall be appointed by the executive meeting.

1. President: One person;

2. Vice-chairpersons: Three persons (three branch presidents shall be ex officio vice-chairpersons);

3. Full-time members: One person.

4. Private members: One person.

5. The secretary general: One person.

6. Auditors: Two auditors. (1) The board of directors shall consist of a chairperson, a vice-chairperson, a full-time member, a private member, a director general, and an auditor.

Provided, That there shall be no voting rights for auditors.

(2) The board of directors shall be held whenever necessary.

(3) Matters to be referred to an executive council shall be as follows:

Matters to be referred to the general meeting of representatives

(b) Matters delegated by the general meeting of representatives;

C. Establishment of various regulations and regulations

(d) Other.