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(영문) 제주지방법원 2015.04.09 2014가합2019
제명처분무효확인
Text

1. On June 30, 2014, the Defendant’s disposition of expulsion of union members against the Plaintiffs is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. In accordance with the Act on Fostering and Supporting Agricultural and Fisheries Enterprises, the Defendant is an incorporated farming association consisting of 63 farmers who grow Soula in Jeju-do, and the Plaintiffs are the members of the Defendant.

Article 12 (Duties)

1. The obligations of members of a partnership corporation shall be as follows:

1) Obligations to comply with the articles of incorporation and regulations 2) Obligations to participate in the work of partnership corporations and to comply with the rules of labor; 4) Obligations to participate in the work of partnership corporations and to comply with the rules of labor; and 5) Obligations to strive for the development of partnership corporations

2. A member or an associate member shall withdraw from the nature where any of the following grounds arises:

(v) Expulsion Article 14 (Expulsion);

1. An order to be made by a resolution at a general meeting where a member or an associate member falls under any of the following cases:

1) In the case of failing to perform the duty provided for in Article 12 (2) (3) when failing to perform the duty, either intentionally or by gross negligence, causing considerable damage to a partnership firm; (4) when failing to perform the duty, making good offices using another boat without the consent of 15 days before the ordinary general meeting of the partnership foundation.

2. A partnership corporation shall notify any partner subject to expulsion of the reasons for expulsion ten days before the general meeting is held, provide him/her with an opportunity to defend himself/herself at the general meeting, and notify him/her in writing when determining such expulsion.

Article 51 (Holding of General Meeting and Quorum)

1. A general meeting shall be held with the attendance of a majority of all the members, and pass resolutions with the consent of at least one half of those members present;

2. The following matters shall be resolved with the attendance of not less than 2/3 of all the members and with the concurrent vote of not less than 2/3 of all the members present:

1) Amendment 2) Dissolution, merger or division 3) Approval of accession of partners and associate partners referred to in Article 14 (4). Expulsion 5 of partners and associate partners referred to in Article 45.

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