행정처분 취소 청구의 소
1. On January 21, 2019, the Defendant’s order to re-election an executive officer against the Plaintiff is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff is a cooperative established on April 6, 201 for the purpose of promoting the sound development of the recycling industry B and the promotion of welfare among its members, and the C Association established by the business operators engaged in B recycling business across the country (hereinafter “instant Association”) and its members are replaced by a company, and the office is used together.
B. After its establishment, the Plaintiff had replaced the general assembly of the instant Association with the Plaintiff’s general assembly, and a person appointed as the president of the Association at the general assembly of the instant Association has been concurrently holding the Plaintiff’s president.
D was appointed at the general meeting of the instant Association held on November 24, 2015 as the president of the Association, and thereafter, the Plaintiff’s representative was appointed as the president of the Association by the end of his former president’s term of office.
On February 18, 2016, the Plaintiff deemed that “The Plaintiff elected D as the president at the general meeting held on November 24, 2015,” in the E organization (the Defendant was entrusted with the duties of receiving reports on the appointment of executive officers of an association subject to management and supervision by the Defendant).”
After the end of the term of office of the president of D, the Plaintiff reported on September 26, 2016 that “the Plaintiff elected D as the president at the general meeting held on August 18, 2016.”
C. Around June 2018, the E organization conducted an inspection on the Plaintiff, and pointed out that “the Plaintiff did not make a decision at a general meeting, etc. and gave the Plaintiff the qualification to the president of the Association of this case without any separate election,” and notified the Plaintiff to re-election the officers, such as the Plaintiff’s president, within two months.
Accordingly, on August 17, 2018, the Plaintiff held an extraordinary general meeting (hereinafter “instant extraordinary meeting”) and elected 15 directors and 2 auditors in addition to selecting D as the chief director, and reported the results to E organizations on August 20, 2018.
The defendant conducted a reinspection against the plaintiff on January 21, 2019, and then "the plaintiff" on January 21, 2015 and 2016.