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(영문) 대구지방법원 2018.04.05 2018가합170

지부장선거무효및당선무효

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is an incorporated association with the aim of improving the legal status and protecting its rights and interests through the education, culture, sports, vocational rehabilitation and social welfare activities of the visually impaired of the C local government, which is an incorporated association under the control of the Korea Disabled Federation, and the plaintiff is its member.

B. On January 3, 2018, the Defendant: (a) decided to hold the Defendant’s Chairperson (only applicable to the branch heads of the Korean Association for the Disabled), branch presidents, and C Representatives (hereinafter “instant election”); (b) announced the election day in the name of the election commission; and (c) D was elected as a candidate for the Defendant’s Chairperson only for the instant election.

C. Relevant provisions of laws and articles of incorporation relating to the election of this case are as follows.

Article 12 (Election of Officers) (1) of the articles of association of the Korea Disabled Association, an incorporated association, shall elect the president and the auditor directly at the general meeting, and the president of each City/Do branch office (hereinafter referred to as "ex officio director") from among the directors shall be elected in accordance with the procedures prescribed by the operating regulations of the relevant branch, and the directors, including the vice-president

Provided, That a general meeting may delegate its authority to the new chairperson in advance with respect to the approval of the vice-chairperson and directors, excluding ex officio directors.

(2) Detailed matters concerning the qualifications, methods of election, deprivation of qualifications for executives, etc. shall be prescribed by separate regulations of the board of directors.

Provided, That the chairperson, the head of a branch, and the head of a branch among the qualifications of executive officers shall meet the following qualifications:

2. The president shall be a person who does not fall under the grounds for disqualification of officers as prescribed by the Social Welfare Services Act;

Article 4 (Election Day and Public Notice) (1) The executive officers (excluding the head of a branch office) of the plenary session Federation, a corporate association, shall be elected in March of the relevant year.