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(영문) 서울중앙지방법원 2017.08.31 2017가합520517

제명결의무효확인 청구

Text

1.(a)

In February 17, 2017, the Disciplinary Committee, which held on February 17, 2017, recommends the plaintiffs to be null and void.

Reasons

1. Basic facts

가. 피고는 궁도(弓道)의 발전과 궁도인 상호간의 친선을 도모함을 목적으로 하는 사단법인이다.

B. On February 17, 2017, the Defendant held a disciplinary committee and made a resolution to recommend the Plaintiffs who are members (hereinafter “instant resolution”). On March 16, 2017, the Defendant notified the Plaintiffs of such fact.

[Articles of Incorporation (Duties of Members) Article 8 (Duties of Members) has the following obligations:

1. Observance of the articles of incorporation and regulations at the plenary session;

2. Implementation of resolutions by the general meeting;

3. An expulsion by a resolution at a general meeting, where a member under Article 10 (Expulsion and Discipline of Members) who has paid membership fees violates Article 8;

Article 12 (Power of General Meeting) The General Meeting shall adopt the following resolutions:

1. Election and dismissal of officers;

2. Dissolution and amendment of the articles of incorporation of the plenary session;

3. Approval of budget and settlement of accounts;

4. Approval of business plans;

5. Transfer of the fundamental property;

6. Matters concerning membership fees;

7.The board of directors under Article 25 (Authority of the Board of Directors) of any other important matter referred to it shall determine:

1. Matters concerning the formulation of business plans;

2. Matters concerning the preparation of a budget and settlement statement;

3. Budgets or settlement of accounts;

4. Matters concerning the acquisition, disposal, and borrowing of assets;

5. Preparation of amendments to the articles of association and agenda items to be referred to a general meeting;

6. Matters concerning appointment and dismissal of officers;

7. Expulsion of a member;

8. Establishment, amendment, and repeal of rules;

9. Where the representative director intends to amend the articles of association referred to in Article 36, he/she shall obtain permission from the competent authority by making a resolution with the consent of at least two thirds of the incumbent members at the general meeting.

Except as otherwise provided for in this Article, matters necessary for the operation of the plenary session shall be prescribed by the Rules through a resolution of the board of directors.

C. Of the Defendant’s Articles of Incorporation and its Enforcement Rules, the parts relating to this case are as follows:

[Enforcement Rule] Article 10 (Expulsion and Disciplinary Action of Members) If a member violates Article 8 (Duties of Members).