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(영문) 서울고등법원 2019.04.19 2018누66939

정관변경인가무효확인

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the judgment of the court of first instance citing this case is 4-B.

The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for cases where a claim (from 5th to 7th 12th eth eth eth eth eth eth eth eth eth eth eth eth eth eth e

[Supplementary Use]

B. 1) Determination of whether an administrative act constitutes a binding act or a discretionary act, even though it is a discretionary act or a discretionary act, cannot be uniformly prescribed. Determination of whether it belongs to a discretionary act or a free discretionary act should be made individually in accordance with the form, system, or language of the provision that forms the basis for the pertinent disposition.

(B) Passenger transport service providers may establish an association with authorization from the Mayor/Do governor for the sound development of passenger transport service and the elevation of status of passenger transport service providers (Article 53(1) of the Passenger Transport Act), and shall obtain authorization from the Mayor/Do governor for the modification of the articles of association (Article 54(2)). If the Mayor/Do governor deems that an association does not properly perform its business, he/she may order the association to take necessary measures, such as the modification of the articles of association (Article 56 subparag. 1). Except as otherwise provided for in the Passenger Transport Act, the provisions concerning incorporated associations in the Civil Act shall apply mutatis mutandis to the association (Article 53(8)). Meanwhile, the Association may establish a federation with authorization from the defendant to achieve common purposes (Article 59(1)), the establishment of a federation, its articles of association, its articles of association, an order to amend the articles of association, supervision, etc. (Article 59(2) of the Passenger Transport Act).