해임결정무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 15, 1975, the Defendant was a legal entity established to enhance the productivity of livestock industry of its members and to promote the expansion and facilitation of the marketing of livestock products produced by its members, and to improve the economic, social, and cultural status of its members by providing technology, funds, materials, and information necessary for its members. The Plaintiff has been appointed as the Defendant’s member and the non-standing director on March 1, 2013.
B. On September 4, 2015, the Plaintiff received a notice from the Defendant that he/she was dismissed on September 3, 2015 from office as an executive (non-standing director) of the Defendant’s articles of incorporation on the ground that the amount used by the economic business from September 3, 2014 to September 2, 2015 falls short of KRW 24 million, which is the basis for the actual use of the business.
C. Relevant provisions of the Agricultural Cooperatives Act and the Articles of Incorporation are as follows:
None of the following persons shall become an executive of a local agricultural cooperative:
Provided, That subparagraphs 10 and 12 shall apply only to executive officers who are members.
1. A person who is not a Korean national;
2. A minor, incompetent or quasi-incompetent;
3. A person declared bankrupt and not yet reinstated;
4. A person disqualified or whose qualification is suspended by a court ruling or by any other Act;
5. A person in whose case three years have not passed since his/her imprisonment without labor or greater punishment as declared by a court was completely executed (or is deemed completely executed) or discharged;
6. A person in whose case five years have not passed since he/she was subjected to a disposition of improvement or disciplinary dismissal under Article 164 (1) or Article 84 of the Credit Unions Act.
7. A person who is under the suspension of the execution of punishment; or
8. Article 172 or Articles 58, 59, and 61 through 61 of the Act on Entrusted Elections by Public Organizations, Etc.;