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(영문) 서울동부지방법원 2016.05.13 2015가합2926

총회결의 무효확인

Text

1. On December 9, 2014, a resolution on the attached agenda made by the General Meeting of Representatives on December 9, 2014 by the Defendant is invalid.

Reasons

1. Basic facts

A. The defendant is an incorporated association whose members are marriage brokers.

The Plaintiff was engaged in the marriage brokerage business since February 1, 2004, and was dismissed on December 9, 2014 when the Plaintiff was appointed as the Defendant’s director on July 1, 2013.

B. The Defendant’s articles of incorporation (amended on November 20, 2009 and authorized by the Ministry for Health, Welfare and Family Affairs No. 810-4, hereinafter “articles of incorporation”) provides for the following provisions regarding membership qualifications and rights, appointment and dismissal of officers, general assembly and board of directors, and the composition, authority and operation of the board of directors:

(The purpose of Article 2 (Purpose) is to enhance the dignity and expertise of marriage brokers, to establish a proper marriage culture and to promote the welfare of members in accordance with Article 32 of the Civil Act, Article 32 of the Marriage Brokers Business Management Act, and the regulations on the establishment and supervision of nonprofit corporations under the Ministry for Health, Welfare and Family Affairs.

Article 5 (Qualification for Membership) (1) A member of a juristic person shall be a person who has reported to, or registered with, an administrative agency pursuant to the Act on the Management of Marriage Brokerage Business, and has completed the prescribed membership procedure in accordance with the purpose and purpose of establishment under Article 2.

Provided, That special members may be persons other than marriage brokers.

(3) Detailed matters concerning the qualifications, admission, membership fees, etc. of members shall be prescribed by separate regulations of the board of directors.

(4) Special members under Article 35 shall be assigned to special members.

Article 6 (Rights of Members) (1) Members are entitled to participate in the implementation of the project of a corporation and to vote and be elected in relation to the election of representatives (including the exercise of voting rights by attending a general meeting).

Article 8 (Suspension of Qualification) (1) Where a member of a corporation falls under any of the following subparagraphs, his qualification shall be suspended:

1. The phrase “disposition of cancellation of business” under the Articles of Incorporation from an administrative agency is deemed to mean “disposition of cancellation of registration” under the law.

at the time of disposition,

2. When a member suspends his business;

3. At least three months.