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(영문) 대구지방법원 포항지원 2018.04.05 2017가합11426

회원제명처분무효확인청구의소

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1. On July 11, 2017, the Defendant confirmed that a disposition for expulsion (disqualification of a member) against the Plaintiff is null and void.

2...

Reasons

1. Basic facts

A. The defendant contributed to the improvement of national nutrition and health, and food sanitation level, and thereby promoting the improvement of food culture by promoting harmony, welfare, and rights and interests among members. The plaintiff is a member of the defendant.

B. On March 2017, the Defendant tried to carry out the 7th branch office election (hereinafter “instant election”) with the term of office from around 2017 to 2020, and C, the head of the Plaintiff and the Defendant’s former branch office, left the instant election.

C. The Plaintiff asserted that C’s restaurant operation was suspended for 180 days and that C is ineligible for the election of the head of the branch in accordance with the articles of incorporation’s enforcement rules. The Defendant’s election commission notified C of the deprivation of candidate qualification on March 14, 2017 following the Plaintiff’s issue. At the same time, the Plaintiff notified the Plaintiff of the deprivation of candidate qualification for reasons of violation of the election regulations, such as the other party candidate slander and the election campaign violation.

After that, the defendant suspended the election of this case, did not proceed with the election of the head of the branch, and the above C continued the defendant's branch office's business.

E. On March 28, 2017, the Plaintiff asserted that the Plaintiff was elected as a sole candidate for the Defendant’s 7th branch office as the Defendant’s 7th branch office, and filed a lawsuit claiming confirmation of the status of the winning candidate for the branch office (hereinafter “instant litigation”) with the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 201

F. On July 11, 2017, while the instant lawsuit is pending, the Defendant held a steering committee (hereinafter “the instant steering committee”) on July 11, 2017, and resolved to recommend the Plaintiff on the grounds of intimidation against D, the chief of the Defendant’s site, the damage of objects and obstruction of business to the Defendant’s election commission related to the instant election, and the Defendant’s damage to the Defendant’s reputation and external image through local media companies, and on the same day, the Defendant pursuant to the said resolution.