beta
(영문) 수원지방법원 2015.12.10 2015가합62084

지회장지위확인

Text

1. It is confirmed that the Plaintiff is in the position of the president of the branch of the Suwon branch of an incorporated association.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The defendant is an incorporated association under the Civil Act established for the purpose of promoting the welfare of the visually impaired and protecting the rights and interests of the visually disabled, and the plaintiff is a member of the Suwon District Association, an incorporated association under the defendant's control.

B. On January 17, 2014, in the election of the president of the branch (hereinafter “instant election”), the Plaintiff obtained 144 votes and 138 votes from the next highest number of votes (including 7 marks of invalidation), and the election commission of the Suwon branch publicly announced the Plaintiff’s election on January 29, 2013.

C. On February 21, 2014, the Defendant notified the Plaintiff of the instant decision to the effect that “The Plaintiff, the director of the Korea Center, is restricted to the eligibility for election pursuant to Article 7(2)4 of the Defendant Election Management Regulations, and thus, the re-election shall be conducted, and the Defendant shall be subject to the Defendant’s jurisdiction until the new enforcement department of the Suwon City Branch is organized” (hereinafter “instant decision”).

On February 25, 2014, the Defendant notified the purport that an extraordinary general meeting for the re-election of Suwon-si Branch will be held on March 20, 2014.

Accordingly, the Plaintiff filed an application against the Defendant for provisional disposition prohibiting the holding of the above extraordinary general meeting with the Suwon District Court 2014Kahap78, and the said court rendered a provisional disposition prohibiting the holding of the above extraordinary general meeting.

E. In order to protect the rights and interests of persons with disabilities residing in Suwon-si, the Suwon-si Center established has moved into six organizations, including Suwon-si Branch, among eight organizations affiliated to the Association E, which are incorporated associations, and each of the above organizations has entered into an entrustment contract with Suwon-si and Suwon-si and managed the building of the Suwon-si Center within a fixed period of two years.

F. The Defendant Election Management Regulations, the board of directors’ operating rules, and the regulations on the operation of the Suwon Branch are as follows:

[Defendant Election Management Regulations (Amended by Act No. 14, Oct. 14, 2013) Article 7 (Restriction on and Restoration of Voting Rights and Eligibility for Election) (2) Any of the following persons may not become an executive officer or representative at a plenary session:

3. As of the day preceding the registration of a candidate.

참조조문