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(영문) 서울서부지방법원 2015.07.10 2014가합38975

직무집행방해금지 청구의 소

Text

1. The defendant shall not interfere with the plaintiff's performance of his duties as the president B.

2...

Reasons

1. Basic facts

A. The defendant is an incorporated association established for the purpose of facilitating infant care services pursuant to Article 53 of the Infant Care Act.

The plaintiff, as an affiliated organization of the defendant from March 1, 2012, served as the chairperson of the 9th non-corporate group B (hereinafter referred to as "B") as an affiliated organization of the defendant, and the term of office expires on February 28, 2014.

4.3. A person elected as the 10th president at the General Assembly B (hereinafter “instant General Assembly”).

B. On March 28, 2014, the Defendant held a board of directors on March 28, 2014 and made a two-year disciplinary decision against the Plaintiff on the suspension of qualification against the Plaintiff.

C. On March 21, 2014, the Plaintiff’s election of the president at the instant general meeting at the expiration of the term of office, and the registration and announcement of election of candidates, as the president.

3.27.Public notice of voting place;

3. 28. Public announcement of registration of candidates;

4.3. Calling the instant general assembly and holding the president’s election, and as a result, elected the B president from among 154 voters to 127 voters.

On April 1, 2014, immediately before the opening of the instant general meeting, the Defendant sent a public notice to the election commission on April 1, 2014, stating that “The Plaintiff was subject to a two-year disciplinary measure of qualification suspension at the board of directors of the board of directors, the Plaintiff’s registration of candidate for the Plaintiff’s B election is null and void, even if the Plaintiff was elected as the president, and this case’s general meeting is null and void since it did not go through legitimate convocation procedures.” As follows, the Defendant sent a public notice several times on the premise that the Plaintiff’

On April 1, 2014, the Plaintiff was subject to a two-year disciplinary measure against the Defendant’s board of directors of the election commission, and thus, the Plaintiff’s registration as the candidate for the Plaintiff’s B Chairperson election is null and void. Even if the Plaintiff was elected as the president, the election is null and void, and the instant general meeting is null and void since it did not go through legitimate

2. On April 10, 2014, the Plaintiff on behalf of B, B, and C Chairperson shall be suspended.