[2] In a case where the National Forestry Cooperatives revised the provisions on electors of the executive election regulations before the voting day after the election day and applied them retroactively to the date of public announcement of the election day, whether the amended provisions apply retroactively (affirmative with qualification)

[2] If the National Forestry Cooperatives revised the provisions on electors of the executive election regulations before the voting day after the public announcement day and applied them retroactively to the date of public announcement, the above revised provisions shall apply retroactively to the date of public announcement as of the election day unless there are special circumstances to be deemed null and void in particular.

The National Forestry Cooperatives Act is a voluntary organization organized voluntarily by its members to protect their interests, and autonomy by the articles of association and majority is guaranteed in its internal operation. Thus, the National Forestry Cooperatives Act and the articles of association of a cooperative as a kind of autonomous legal norm prepared by the National Forestry Cooperatives shall have the legal effect in the national legal order along with the Forestry Cooperatives Act and the articles of association of a cooperative. Therefore, if a forestry cooperative amends the provisions concerning electors in its executive election regulations before the voting day after the date of public announcement and requires them to be applied retroactively to the date of public announcement on the election day, the above amended provisions shall be deemed null and void retroactively from the date of public announcement on the election day, unless there

According to the facts acknowledged by the court below, since the voting that the plaintiff suffered disadvantage was made after the amendment of the rules, it cannot be said that the plaintiff suffered disadvantage by the retroactive application of the amended rules, and in light of the details and details of the amendment of the officer election rules which the court below legitimately recognized, since the amendment of the rules is detrimental to the essence of the election, or it was made arbitrarily for the purpose of causing the plaintiff to die and elected the other party, it cannot be deemed unreasonable or unfair to the extent that the retroactive application should be denied. Thus, the court below's judgment that recognized the retroactive application is not erroneous in the misapprehension of legal principles as to the application of the principle of no payment in law, contrary to the allegations in the grounds of appeal.

In addition, according to the reasoning of the judgment below, it is clear that the court below acknowledged the eligibility of the president of the partnership as the elector of the partnership by allowing the result that the amended rules were applied retroactively to the date of public announcement, or that the amendment was effective only if the Minister of the Korea Forest Service decided to amend the executive rules and the board of representatives before the defendant decided on May 26, 1997 and instructed the defendant through the National Federation through the National Federation, or that the amendment did not recognize the eligibility of the elector of the partnership head or the defect and error in the election procedure of the head of the partnership with the plaintiff's consent. Thus, the judgment of the court below did not err by misapprehending the legal principles on executive election rules, eligibility of the elector, and consent, as alleged in the grounds of appeal.

Therefore, the appeal shall be dismissed and the costs of appeal shall be assessed against the plaintiff who is the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Yong-hun (Presiding Justice)