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(영문) 서울중앙지방법원 2017.03.30 2016가합566660

재심징계처분 무효확인의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is a middle-class organization that is set up in C, and the plaintiff (name D) is a member of the E clan, one of the lower clans of the defendant.

나. 2015. 11. 26.자 이사회 결의 피고는 2015. 11. 26. 이사회를 개최하였고, 참석한 이사 중 2명을 제외한 나머지의 찬성으로 피고의 제향(祭香) 중 한식 제사를 폐지하기로 하는 결의(이하 ‘이 사건 이사회 결의’라 한다)를 하였다.

Accordingly, on March 30, 2016, the Defendant held a general meeting and publicly notified that the resolution of the board of directors of this case, which abolished the Korea Food Agency, was made.

C. The Plaintiff’s participation, etc., but some members, including the Plaintiff, asked for the presentation of Korean food on April 5, 2016. The Plaintiff sent text messages that encourage other members to attend the meeting on April 2, 2016, and participated in the Korean food institution, which is one of the Defendant’s subordinate clans, which is the head of the F clans Association, on April 5, 2016.

On May 25, 2016, the defendant of disciplinary action and disciplinary action urged the plaintiff to participate in a Korean style preparation against other members, and participating in a Korean style preparation held by the Franchisp president on the ground that Article 9 subparagraph 2 and Article 14 subparagraph 1 of the Articles of Incorporation violate the above provisions, Article 10 subparagraph 2 of the Articles of Incorporation, Article 10 subparagraph 2 of the Articles of Incorporation, and Article 4 subparagraph 1 (a) of the Disciplinary Rule, the defendant was subject to three years of suspension of the exercise of membership.

Accordingly, on June 15, 2016, the Plaintiff filed a new disciplinary action against the Plaintiff for a two-year period of suspension of the exercise of membership rights for the same reason (hereinafter “instant disciplinary action”).

(e)[Articles of Incorporation] 9 (Duties of Members) Members shall have the following obligations:

1. Observance of the articles of association and regulations;

2. The resolution by the general meeting and the board of directors under Article 10 (Reward and Punishment of Members) (2) In case where any member falls under any of the following subparagraphs, he may be disciplined according to the disciplinary regulations of the defendant: