피선거권 존재 확인
1. The defendant confirms that the plaintiff is eligible for election at the election of executive officers, directors, executive directors, and executive directors in 2016.
2...
1. Facts of recognition;
A. The Defendant Union is a credit union whose main business is the credit business and welfare business for its members, and the Plaintiff is a member who had worked as a full-time member of the Defendant Union.
B. On November 2015, the Plaintiff expressed his/her intention to resign to the Defendant Partnership and submitted a resignation report at that time.
C. On December 21, 2015, the Defendant Union decided to hold a board of directors and pay the Plaintiff a desired retirement allowance. D.
On January 29, 2016, the chief director of the Defendant Union notified or publicly announced the members of an election of executive officers, such as the chief executive officer, by posting a notice of an election of executive officers of the Defendant Union in 2016 pursuant to Article 4 of the Annex to the Articles of Incorporation and the Election Regulations.
(hereinafter “instant election”). (e)
On February 1, 2016, the Plaintiff registered as a candidate for a standing director, along with a letter of recommendation of union members. However, on February 15, 2016, the chairman of the Defendant Union notified the Plaintiff of the revocation of candidate qualification to the effect that “The Plaintiff is not qualified as a candidate for a standing director as it falls under the grounds for restrictions on eligibility under Article 8 of the Annex to the Articles of Incorporation and Annex to
F. Meanwhile, the articles of association or bylaws of the defendant association relating to the instant case are as follows.
Article 45 (Executives) (1) An executive officer of a cooperative shall be a director, including one chairperson and one vice-chairperson, and an auditor.
Article 50 (Election of Executives) (1) The chief director and the vice chief director shall be decided as the elected person by the vote of a majority of the electors from among the members, and the executives excluding the chief director and the vice chief director shall be decided on the elected person in the order of the majority
(3) Matters necessary for the election of officers shall be governed by this articles of association and the election regulations of officers.
Article 59 (Employees) (1) The chief director shall appoint or dismiss employees with the approval of the board of directors.
(3) The chairperson shall carry out the business of standing directors.