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(영문) 수원지방법원 2016.01.08 2015나10742

퇴직금

Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The Defendant is an organization organized for the purpose of improving the quality of life for disabled persons by promoting social awareness improvement, expansion of social participation, rights and interests, and self-reliance for disabled persons. The Defendant established and implemented the “Operational Regulations for Establishment of Regional Associations, etc.” in order to establish a City/Do Association, Si/Gun/Gu Branch Association (hereinafter “Local Association, etc.”) under its jurisdiction and to prescribe matters concerning the management and operation of regional associations, etc.

B. The main contents of the Defendant’s articles of association, local associations, etc. related to the instant case are as follows.

The purpose of the articles of incorporation is to improve the quality of life of disabled persons by promoting social awareness improvement, expansion of social participation, rights, interests and self-reliance for disabled persons.

(2) The Association may have City/Do branches, Si/Gun/Gu branches, and Eup/Myeon/Dong branches in each Eup/Myeon/Dong in Seoul Special Metropolitan City, Metropolitan City and each Do (including the Special Self-Governing Province).

Article 31 (Executives, etc. of City/Do Associations and Branch Associations of Si/Gun/Gu) (1) City/Do Associations and Si/Gun/Gu Branch Associations may have the following executives:

1. One chairperson;

2. Two vice-chairpersons (Provided, That the number of vice-chairpersons may be four in cases of City/Do associations which have not less than 20 Si/Gun/Gu branches);

3. A number of operating members. (4) Other necessary matters concerning the management and operation of City/Do associations, Si/Gun/Gu branches and Eup/Myeon/Dong branches may be prescribed by separate regulations.

The purpose of Article 1 (Purpose) of the Regulations on the Establishment and Operation of Regional Associations, etc. is to establish the system of City/Do Associations and Si/Gun/Gu Branch Associations under Article 31 of the Articles of Incorporation and to ensure smooth and reasonable operation in order to achieve the objectives of the Association.

Article 2 (Definitions) The term "regional associations, etc." in this provision means City/Do associations and Si/Gun/Gu branch associations.

Article 3 (Establishment) The Association may establish an umbrella organization pursuant to Article 3 (2) of the Articles of Incorporation as follows, and the related violation shall be determined separately by the National Federation Chairperson: