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(영문) 대전지방법원서산지원 2020.01.16 2019가합51279

조합원 자격 지위 확인

Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant (hereinafter “Defendant Association”) is a district E-Union established pursuant to the Fisheries Cooperatives Act with its territory as the area of the Republic of Korea, Taean-gun, Chungcheongnam-gun, and D members, and the Plaintiff acquired Fmanman fishery license G on March 7, 2018 and acquired the Fmanman Fishery License G on the same year.

7. 19. Members of the defendant's association.

B. On September 11, 2019, the Defendant Union held ad hoc director meeting on the ground that “the Plaintiff, as a police official, cannot engage in activities for profit-making purposes other than public duties pursuant to Article 64 of the State Public Officials Act and Article 56 of the Local Public Officials Act, and thus, was not qualified as a member of the Plaintiff’s association.”

(hereinafter “instant resolution”) C.

The articles of incorporation of the defendant association relating to the instant case (hereinafter “instant articles of association”) are as follows.

Article 12 (Qualifications for Members) (1) Members of a cooperative shall be fishermen who have their domicile, abode, or place of business in this cooperative and who fall under any of the following subparagraphs and are engaged in, or are engaged in, the fishery business prescribed in the Fisheries Act and the Inland Water Fisheries Act for at least 60 days a year:

Article 25 (Withdrawal) and (2) In cases where a member falls under any of the following subparagraphs, he/she shall automatically withdraw:

1. Where he/she is disqualified as a member. (4) The Cooperative shall verify whether all or part of its members falls under any subparagraph of paragraph (2);

In such cases, whether it falls under paragraph (2) 1 shall be determined by a resolution of the board of directors.

(5) Where a union makes a decision to automatically withdraw from its members on the grounds falling under paragraph (2) 1, it shall notify the relevant member of the fact without delay.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 2 and 5, and the purport of the whole pleadings

2. The Plaintiff, a police officer claiming the Plaintiff, acquired the first hand-on fishery license and joined the Defendant Union as a member.