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1. It is confirmed that the Defendant’s election of the Chairperson held on July 9, 2016 is invalid.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The Defendant is an affiliate organization of the Gyeonggi-do Sports Association, a branch organization of the former Korean Sports Council and the former Korean Sports Association established pursuant to Article 33 of the National Sports Promotion Act, amended by Act No. 13246, Mar. 27, 2015, established for the purpose of widely distributing C to Gyeonggi-do residents.
B. On June 24, 2016, the Defendant’s Integrated Promotion Committee organized in the course of establishing the Defendant by integrating B Association under the former Korean Olympic Committee and the DNA Federation under the former Korean Sport and Olympic Committee for People’s Living. A public announcement was made on June 24, 2016 that the Defendant’s first president was the public announcement date, as of June 24, 2016; the period from June 29, 2016 to July 17, 2016; and the election day from July 1, 2016 to July 1, 2016.
C. On July 1, 2016, the Defendant Election Commission published the Plaintiff (No. 1), E (No. 2), and F (No. 3) as a candidate for Defendant Chairperson’s election.
On the other hand, on July 3, 2016, the Defendant Integrated Promotion Committee announced the date of the opening of the representative general meeting on July 9, 2016, as the general meeting agenda, “Deliberation on the Regulations of the Association, the appointment of the president of the consolidated meeting, and the appointment of the consolidated officer” as the date of the opening of the representative general meeting, and announced the notification of the opening of the representative general meeting and the request for recommendation of representatives as of July 6, 2016.
E. On July 9, 2016, the Defendant Integrated Promotion Committee held a general meeting of delegates and passed a resolution on the Defendant’s internal regulations (B Association Regulations) and elected the Defendant’s chairperson (hereinafter “instant election”). As a result, the Plaintiff obtained 8 votes, E E’s 9 votes, and F’s 7 votes, and E was elected as the Defendant’s first chairman.
F. The main contents of the Gyeonggi-do Operational Rules for the Integration Promotion of Sports Organizations, B Association Election Management Rules, and Gyeonggi-do Sports Association Regulations are as follows.
The provisions of Article 1 (Purpose) of the Operational Regulations of the Gyeonggi-do Integrated Sports Promotion Committee shall be integrated into the Gyeonggi-do Sports Association and the Gyeonggi-do Integrated Sports Association.