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(영문) 광주지방법원 순천지원 2018.11.01 2018가합78

회원자격상실(제명)처분 무효확인

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1. On January 11, 2018, the board of directors confirms that a resolution that the Defendant lost the qualification for the Plaintiff’s membership is null and void.

2...

Reasons

1. Basic facts (applicable for recognition: The fact that there is no dispute, Gap's evidence 1 through 6, 11 through 21, 39, 40 (including provisional numbers; hereinafter the same shall apply);

(ii) each entry in Eul's evidence 1 to 5, the purport of the whole pleadings

A. On October 1, 1975, the Plaintiff was present at the Defendant and was appointed as the president of the CAssociation D (Seoul Eastdong District) district (hereinafter “Seoul Eastdong District”), the Defendant’s upper organization, from July 1, 2006 to June 30, 2007, and was also appointed as the president of the Defendant.

B. On February 14, 2017, Jeonnam-dong District: (a) held an ethics committee pursuant to the provisions of the Ethics Committee listed in attached Table 1, and passed a resolution on expulsion against the Plaintiff on the grounds that the Plaintiff expressed the activities inside the Jeonnam-dong District to the newspaper reporters as if they were a non-conceptic organization (hereinafter “disceptic Disposition”); and (b) requested the Defendant to remove the Plaintiff as the result of the foregoing provision.

C. Accordingly, the Defendant, on March 30, 2017, voted for the Plaintiff’s membership as an agenda at the board of directors, but rejected the Plaintiff’s membership, and thereafter, the Defendant voted for the same agenda at the meeting of the board of directors on August 16, 2017 and September 12, 2018, due to repeated demands of the Jeonnam-dong Branch.

On March 2017, the Plaintiff filed a complaint with the head of the Jeonnam-dong District Prosecutors' Office, E, and F of the chairperson of the Ethics Committee, by notifying the chairperson of the Defendant of the expulsion disposition in the Jeonnam-dong District, and informing the members of G affiliated with the Jeonnam-dong District, thereby impairing the Plaintiff’s reputation (hereinafter “instant complaint”), and did not withdraw the continued recommendation in the Jeonnam-dong Branch.

On August 22, 2017, the investigative prosecutor made a disposition that was not suspected of slandering on the ground that the purpose of slandering was not recognized, and the plaintiff filed an appeal, reappeal and application for adjudication, but all of them were dismissed.

E. On January 6, 2018, Jeonnam-dong District is an international e-mail (hereinafter referred to as “international e-mail”) that the Plaintiff’s complaint, etc. constitutes grounds for expulsion from the International Headquarters of C Association International Headquarters.