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(영문) 광주지방법원 2013.07.12 2013가합2018

당선무효

Text

1. The Intervenor joining the Defendant was the elected person in the fifth special election for president of the Association held by the Defendant on February 25, 2013.

Reasons

1. The facts below the basic facts do not conflict between the parties and the Intervenor joining the Defendant (hereinafter “ Intervenor”).

The defendant is a juristic person established with the aim of contributing to the promotion of the welfare and protection of the rights and interests of disabled persons residing in Gwangju-gu and contributing to local communities and national development through full participation and equality of disabled persons, and the plaintiff and the intervenor

B. On February 25, 2013, the Defendant held a special election for president of the Association (hereinafter “instant election”), and only the Plaintiff and the Intervenor were recruited as a candidate, and 269 of the registered members (28.8%) were voting.

C. On February 25, 2013, the chairman of the Defendant’s election management, who received 221 votes from the instant election, decided and announced it as the elected person.

The parts related to this case among the defendant's articles of incorporation and the election management regulations for the election of the chief executive officer (Association chief executive officer) are as follows:

Chapter 3 of the Articles of Incorporation, Article 14 (Appointment of Officers) (1) The Chairperson shall be elected at the general meeting, and the Vice Chairperson, Directors, and standing directors shall be approved at the general meeting on the recommendation of the Chairperson.

(4) None of the following persons shall become an executive:

5. A general meeting of Chapter IV general meeting (Opening of the general meeting and the quorum for resolution) (1) The general meeting shall be held with the attendance of a majority of all incumbent members or more, and any resolution thereof shall require the concurrent vote of a majority of the incumbent members or more.

Article 42 (Penalty Provisions) (1) of the Rules shall be subject to disciplinary action in accordance with prescribed procedures if there is any act detrimental to or impeding the development of this meeting among executive officers, members or employees of this meeting.

(2) The scope and procedures of disciplinary action shall be determined by resolution of the board of directors.

Article 7 (Disqualifications for Candidates for the President of the Association) (1) of the Election Management Regulations for the Election of Officers (the President of the Association) to be candidates who do not fall under the disqualifications of Article 14 (4) of the Articles of Incorporation, and (1) to be elected by a majority of the incumbent members when they participate in voting.