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(영문) 서울중앙지방법원 2017.11.09 2016가합569607

징계결의무효확인의소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 3, 2016, the Plaintiff was appointed as the Defendant’s auditor, and the Plaintiff will investigate the details of the Defendant’s corporate income tax payment.

On March 27, 2016, the defendant office entered the defendant office at around 10:0:0 on March 27, 2016, and has three documents, etc. of quantities of A4 boxes.

On April 19, 2016, the Defendant held the second provisional directors' meeting with the intention of "case of disciplinary action against the principal agent (affirmative) due to the illegal theft of documents and the possession by the C without permission. In addition, on July 12, 2016, the Defendant decided to suspend the Plaintiff's membership for 10 years pursuant to Article 8 of the Rules of the Defendant, and on December 2, 2016, the Defendant adopted a disciplinary resolution to change the above resolution to suspend the Plaintiff's membership for 3 years (hereinafter "the instant disciplinary resolution").

The relevant provisions of the defendant's rules and the articles of incorporation of the incorporated association D (hereinafter referred to as the "Final Institute") shall be as follows:

Article 8 (Reward and Disciplinary Action for Members) (2) Any person who commits any of the following acts may be punished by a resolution of the board of directors:

1. A person who fails to perform his/her duty provided for in Article 6-1-3 in good faith;

2. A person who intentionally interferes with a clan business;

3. A person who defames the honor of a clan and the majority of the clans;

4. A person who has damaged a clan property;

5. A person who has caused water to a clan. (3) The disciplinary action against members shall be conducted by the disciplinary committee, including the chairperson and vice-chairperson, after resolution by the board of directors, and shall be conducted in non-disclosure while the relevant member is excluded;

Provided, That the relevant member shall be given an opportunity to explain separately.

(4) Disciplinary actions (subject to disciplinary actions) shall be classified into reprimand, suspension of qualifications for three years and five years and ten years, and deprivation of permanent qualifications.

Article 11 (Term of Officers) The term of office of the Chairperson, Vice-Chairperson and directors shall be three years, and that of the auditor, two years.

Provided, That the term of office of an officer appointed shall be the remainder of his predecessor's term.

Article 25 (Supplementary Measures to Regulations) This Article shall apply.