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(영문) 대구지방법원김천지원 2015.11.27 2015가합15767

면직처분 무효확인

Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant, as an organization of the persons of distinguished service to the State, is a juristic person established for the purpose of enhancing the members’ mutual aid and self-support ability. The Plaintiffs, as the Defendant’s members, appointed the Plaintiff as the F Branch Chairperson, Plaintiff B, and Plaintiff C as the head of H Branch on June 24, 2013 pursuant to the Defendant’s D Branch Director (hereinafter “D Branch Director”).

B. However, the head of D branch E retired on April 30, 2015, and I was appointed as the head of D branch on August 26, 2015, and the heads of each Si/Gun branch within D branch, including the Plaintiffs, submitted a resignation letter on September 2, 2015.

C. On September 10, 2015, Defendant D Branch I accepted the written resignation of the Plaintiffs, and notified the Plaintiffs on September 10, 2015 that “the dismissal was made at each sub-chapter on September 2, 2015,” and hereinafter “instant dismissal disposition.”

(2) On September 3, 2015, the date of issuance, J as F Branch Chairperson, K as Branch Chairperson, and L as H Branch Chairperson, respectively. Article 9 (Organization)1 of the Articles of Incorporation (Organization) has headquarters, branch, sub-branch, or special sub-branch. (2) Branch is Seoul Special Metropolitan City, Metropolitan City, and Do (hereinafter referred to as “City/Do”).

(1) The Council shall have the following officers: (1) A City/Do may have one chapter by combining the City/Do as necessary.

1. One chairperson, and one chairperson;

2. Two vice-chairpersons;

3. Ten or less directors;

4. Two auditors. (2) One secretary general who is an appointed executive.

Article 26 (Chief of Branch Office, etc.) (1) One head of a branch office and the following employees shall be employed in the branch office:

1. The term of office of the secretary general and several staff members. (2) The term of office of the director general shall be four years, and the term of office of the director general shall expire at the expiration of five days from the beginning date of the term of office of the director general, and may be renewed

Provided, That this shall not apply where the term of office of the head of a chapter who is appointed to fill a vacancy is less than two years.

(3) The term of office of the successor upon the vacancy of the head of a chapter shall be the remainder of his predecessor.

Article 27 (Appointment of Heads of Branch Offices, etc.) (1) The Chairperson of the Branch Office shall appoint.

Article 31 (Branch Chairperson, etc.)