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(영문) 부산고등법원 (창원) 2017.03.23 2016나21349
제명처분 무효확인
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s resolution dismissing the Plaintiff on February 25, 2015 confirms that the resolution is invalid.

3...

Reasons

1. Facts of recognition;

A. According to the Small and Medium Enterprise Cooperatives Act, the Defendant is a juristic person established with small and medium enterprise owners engaged in the craft industry in the Gyeongnam-do, and the Plaintiff is the Defendant’s member.

B. From the ordinary general meeting held on February 25, 2015 (hereinafter “instant general meeting”), the Defendant, including the Plaintiff, passed a resolution to dismiss at least 360,000 won of the annual union membership fee of at least two years as of December 31, 2014 (hereinafter “instant resolution”), and notified the Plaintiff of the expulsion on March 2, 2015.

C. At the time of the instant general meeting, the total number of the defendant union members was 175. At the instant general meeting, 83 union members were directly present at the instant general meeting, and 16 union members submitted delegations to their representatives to attend the general meeting and to whom voting rights were delegated.

The articles of incorporation, bylaws on admission fees, expenses, etc. of the defendant, and the qualifications for association members, the main contents of this case are as follows.

【Defendant’s Articles of Incorporation】 Article 13 (Expenses, Fees, and Fees) (1) The Cooperative shall collect the following expenses for the operation of its business:

(2) The amount and collection method of the expenses, usage fees and fees under paragraph (1) shall be prescribed by the regulations.

The expulsion under Article 16 (Expulsion) (1) 3 shall be made to a person who falls under any of the following subparagraphs through a resolution of the general meeting:

In such cases, a cooperative shall notify the relevant union members of the reason for expulsion and give them an opportunity to state their opinions at the general meeting ten days prior to the general meeting.

1. Article 29 (Resolution by a general meeting of shareholders) (1) Any of the following matters shall be subject to a resolution by the general meeting of shareholders:

6. The following matters concerning the expulsion of partners shall be resolved with the attendance of a majority of the total number of partners and with the concurrent vote of at least two thirds of the members present:

2. Expulsion of a member.

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