A. The Defendant is an incorporated association established with authorization from the Daegu Metropolitan City Mayor for the sound development of H transport service under Article 53 of the Passenger Transport Service Act and the improvement of the status of H transport service providers.

B. The Plaintiffs and the Defendant’s assistant intervenor, as the Defendant’s member, registered as the candidate for the election of the 11st president of the union (hereinafter “instant election”), which was held on November 9, 2016 by the Defendant as the Defendant’s member, as the candidate. The Defendant’s assistant intervenor obtained 3,268 votes out of the 7,158 valid votes, from the instant election, and subsequently decided as the chairman as the elected person (hereinafter “instant decision”).

Accordingly, while the defendant assistant intervenor performed his duties as the chief director from January 1, 2017 to December 21, 2016, the plaintiffs filed against the defendant assistant intervenor on December 21, 2016, the application for the suspension of the execution of duties and the provisional disposition of the appointment of the acting director was cited on January 25, 2017.

B. Meanwhile, the Defendant’s Intervenor was sentenced to the punishment of KRW 10 million for a suspended sentence of 2 years, community service time 80 hours, and additional charges of 10 million on October 14, 2014 (Seoul Northern District Court Decision 2014Da2533, Supreme Court Decision 2014No1318, Jun. 24, 2015) on the grounds that the Defendant’s Intervenor was dissatisfied with an illegal solicitation from J in the election of the president of the I Association and embezzled KRW 39 million (Supreme Court Decision 2015Do2980, Oct. 14, 2014) while the Defendant’s Intervenor was serving as the chief director (Seoul Northern District Court Decision 2014Da1318, Jun. 24, 2015).

C. The main contents of the Defendant’s articles of incorporation and election management rules are as follows.

Article 27 (Qualification of Officers and Representatives) (3) The person who has been sentenced to imprisonment without prison labor or a heavier punishment due to a five violent crime (homicide, rape, robbery, narcotics and abduction), or has been subject to a disposition of restriction on rights under Article 10.