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(영문) 대구지방법원 포항지원 2018.02.08 2017가합11365

어촌계총회결의무효확인의 소

Text

1. The Defendant confirms that the resolution of expulsion against the Plaintiff rendered at an extraordinary general meeting on August 19, 2017 is null and void.

2...

Reasons

1. Basic facts

A. The defendant is a fishing village fraternity established by members of the D cooperatives who engage in fisheries in the members of the Ulleung-gun Cri, U.S., and the plaintiff was the head of the defendant's fraternity.

B. The defendant uses the articles of incorporation of fishing village fraternity stipulated by the Minister of Oceans and Fisheries for the defendant's articles of incorporation, and the main contents related to this case

(hereinafter “instant Articles of Incorporation”). Article 17 (Expulsion) (1) In any of the following cases, an instructor may be expelled through a resolution of the general meeting:

3. Where he/she violates Acts and subordinate statutes, administrative dispositions under Acts and subordinate statutes, the articles of association or any other rules, or inflicts loss on, intentionally or by gross negligence, or damages reputation or credit.

Article 22 (Special General Meeting) (1) The chief commissioner shall convene a special general meeting in any of the following cases:

(2) Upon receipt of a request under paragraph (1) 2, the procedures for convening a general meeting shall be taken within two weeks, except in extenuating circumstances;

Article 23 (Convocation of General Meetings of Auditors) (1) An auditor shall convene an extraordinary general meeting in any of the following cases:

2. Where the Chairperson fails to take the procedures for convening a general meeting within the period under Article 22 (2) without justifiable grounds from the date on which a request under Article 22 (1) 2 and 3 is made.

In such cases, an auditor shall perform the duties of the chairperson.

Article 24 (Convocation of General Meeting by Representative of Members) (1) Any of the following subparagraphs: