경노당회원 가입허가절차이행
1. Ascertainment that the Plaintiff is a member of the Defendant.
2. The costs of the lawsuit are assessed against the defendant.
1. Fact that there is no dispute over basic facts [based for recognition], entries in Gap evidence 1 and 6, and the purport of the whole pleadings;
A. The Plaintiff, as CB from the end of 2003, was registered as a resident in the D apartment complex in Seoul Special Metropolitan City, and was residing in the D apartment complex in Gwanak-gu from the end of 2003. On January 13, 2015, the Plaintiff was found in the Defendant’s office and tried to express his/her intent to become a member and pay the membership fee. However, the Plaintiff did not prepare an
B. The regulations on the operation of senior citizens center established by the Korean Senior Citizens Association, which is the defendant's superior organization in relation to the instant case, are as follows.
Article 7 [Qualifications for Regular Members] (1) A regular member may be qualified for membership in a senior citizen center nearest to his/her domicile on the resident registration by a national of the Republic of Korea who is sixty-five years of age or older.
(2) The application for a regular member shall be completed by preparing an application for membership, submitting it to the chairperson of the center for senior citizens in the jurisdiction of his/her place of residence, and paying a membership fee, and (3) The chairperson of the center for senior citizens who has received an application for membership shall allow membership when he/she does not have any special reason, and the competent branch office may issue the first warning to the chairperson of the relevant center for senior citizens and take disciplinary action when he/she does not comply with the application, except in extenuating
(hereinafter omitted)
2. As to the main defense of this case, the defendant asserts that there is no benefit to confirm the lawsuit of this case for the following reasons.
① The Plaintiff’s application procedure was insufficient, and the Defendant rejected the application for admission in accordance with the rules of the Association.
② If the refusal of membership by the chairperson of the defendant is not justified, the plaintiff may request the Gwanak-gu Branch of the Korean Senior Citizens Association, a superior agency of the defendant, to take disciplinary action against the chairperson and confirm the status of the member.
In the action of confirmation, there should be a benefit of confirmation as a requirement for the protection of rights, and with respect to the legal relationship which is the object of confirmation, the benefit of confirmation shall be the party.