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(영문) 광주지방법원순천지원 2016.06.16 2015가합13226
조합장선거무효확인 등
Text

1. The plaintiff's main claim is dismissed.

2. The election held by the Defendant on March 11, 2015 is null and void.

Reasons

1. Basic facts

A. The defendant is a fisheries cooperative consisting of members running C and has its principal office in D at all times, and the defendant's articles of association and election management regulations provide for the election of the head of the association as follows:

[Articles of incorporation, Article 46 (Fixed Number of Representatives) (1) The fixed number of representatives of a cooperative shall be 20, and the election district of representatives shall be the district in which City/Do, Gu/Si/Gun, Eup/Myeon/Dong/Ri are elected.

Article 53 (Election of Officers) (1) The head of an association shall be elected by the board of representatives from among the members (in cases of a corporation, referring to its representative)

(4) Matters necessary for the election of and recommendation for executives shall be prescribed by the articles of association, Annex and executive election regulations.

[Articles of Incorporation and Annex Regulations for the Election of Executive Officers] Where the head of an association directly elects members or selects members outside a general meeting or a meeting of representatives pursuant to the provisions of Sections 1 through 3 of Chapter II of Article 7-2 (Relation to other Acts), the Fisheries Cooperatives Act, district (processing of Fishery Products by Business or Industry), and the Act on Entrusted Elections by Public Organizations, etc. shall preferentially apply, notwithstanding the provisions of this Act.

Article 17 (Definition, etc. of Election Campaign) (1) The term "election campaign" means an act of making the head of an association elected or not elected.

Provided, That any of the following acts shall not be deemed an election campaign:

1. Opening of a simple opinion on the election and expressing of intention;

2. An act of preparing candidacy and election campaign;

3. No person shall engage in any of the following activities with intent to make himself/herself or a specific person elected as the head of an association or to prevent him/her from being elected:

1. An elector (including a person eligible to enter on the electoral register before the preparation of the electoral register, who has already joined the association or who has applied for membership to the association; hereafter the same shall apply in this Article) or such person;

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