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(영문) 서울남부지방법원 2015.09.15 2014가합108271

중앙회장선거무효확인

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 Defendant is an incorporated association with the aim of improving the quality of life for the disabled, and the Plaintiff is a member of the Defendant’s regular members, who was standing for the Defendant’s 7th election of the Defendant (hereinafter “instant election”).

B. The Defendant’s articles of incorporation requires the president to be elected by election at the General Assembly of Representatives, and the specific procedures and methods of election are to be prescribed by separate regulations.

The main contents of the defendant's articles of incorporation concerning the qualification and election of the chairperson are as follows:

Chapter III. In order to efficiently carry out the purposes prescribed in Article 1 and the business affairs prescribed in Article 4, the Association shall have the following officers:

(1) The 15 directors (including the chairperson and the vice-chairperson) of the Association shall be appointed from among the following persons:

(1) Regular members recommended by the chairperson with high knowledge and virtue. (2) Regular members recommended by the board of directors. (3) Those recommended by the president of a City/Do Association from among regular members (Provided, That those recommended by the president of a City/Do Association shall not be recommended any more than five), Article 13 (Outgoing), (1) The president of this Association

(4) Matters necessary for the procedures, methods, etc. of elections for the fair management of the chairperson of the Association shall be prescribed by separate regulations.

Chapter 4 Meetings of the Association under Article 18 (Classification of Meetings) shall be divided into general meetings and board of directors.

Provided, That a general meeting may be held by the representative general meeting.

Article 19 (General Assembly) (1) The General Assembly of Representatives (hereinafter referred to as the "General Assembly") shall be comprised of representatives and shall be classified into the General Assembly of Regular Representatives and the Provisional Assembly of Representatives.

Article 20 (Board of Directors) (3) Matters to be deliberated upon and resolved by the board of directors shall be as follows:

1. Matters concerning the establishment and amendment of the regulations under paragraph (1);

C. On March 26, 2013, the Defendant amended Article 23 of the Regulations on the Election Management of Chairperson pursuant to Articles 13(4) and 20(3)1 of the Articles of Incorporation at the board of directors, and subsequently, except for the qualifications prescribed in Article 11 of the Articles of Incorporation, as follows.