logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.03.04 2014나2042439
지회장지위확인 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: (a) deletion of the 17th to 20th of the 9th judgment of the court of first instance; and (b) the Defendant’s assertion, which is particularly emphasized by the appellate court, is as stated in the reasoning of the judgment of the court of first instance, except for addition of the following judgments, thereby citing it as it is in accordance with the main sentence of Article

2. Additional determination

A. Article 29 of the Defendant’s Articles of incorporation provides that “The Defendant Chairperson shall conduct regular audits at least once a year in order to enhance the efficiency and transparency of the branch’s business,” and that “the Defendant Chairperson may conduct fact-finding when the Defendant Chairperson deems it necessary or when the board of directors requests an investigation.” Article 30 provides that the Defendant Chairperson may take necessary measures to solve the situation, such as issuing a warning following a resolution by the board of directors, suspending the qualification of the relevant branch’s officers, suspending the performance of duties, and ordering the accident branch’s meeting.”

The defendant asserts that the decision of this case is the defendant's legitimate exercise of supervisory authority based on the above provision of Article 30.

However, the following circumstances are revealed by comprehensively taking account of the overall purport of the arguments adopted in the reasoning of the judgment of the first instance court, namely, ① the defendant separately provides for the detailed matters necessary for the election. The above election management regulations provide for the matters concerning the eligibility for election, the methods and restrictions of election campaigns, the matters concerning election invalidation and re-election, etc. ② In the case of the election of all levels, including the branch election, the election commission of each level has set up and the election commission has set up to ensure that the election is held under the management of the election commission, and ③ the branch election is independent of the defendant.

arrow