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(영문) 창원지방법원 마산지원 2018.02.07 2017가합101362
지부장당선무효확인의소
Text

1. The decision that the Defendant made C as the elected person at the election of the head of the Defendant branch on October 13, 2017 is null and void.

Reasons

1. Basic facts

A. The defendant is a non-corporate group consisting of those who hold a private taxi transport business license in E as a branch affiliated with the D Association, and the plaintiff is a private taxi business entity belonging to the defendant.

B. On June 29, 2017, the Defendant’s resolution of disciplinary action against F, etc. (1) G and H, which were the Defendant’s auditors as of June 29, 2017, against the Defendant, are F, I, J, K, and L (hereinafter “F, etc.”).

(2) On July 3, 2017, M&, the head of the Defendant branch, was referred to the Disciplinary Committee to F, etc. on or around July 3, 2017, and submitted explanatory materials by July 10, 2017, and notified the Disciplinary Committee of the opportunity to make a statement with an opportunity to attend the Disciplinary Committee and to explain the grounds for the request for disciplinary action.

3) On July 12, 2017, the Defendant held a disciplinary committee and discussed the disciplinary action against F, etc., and as a result, the following disciplinary resolution (hereinafter “instant disciplinary resolution”).

F) F. F. F. A. 5 years 2: 5 years 2: 5 years 3 years 5 years 5 years 5: 5 months 4 months 5 months 5 months 5 months 5 months 5 months 5 months 5) members and 5 months : A member and 5 months 5 months 5 months : A member and 5 months 5 months 5 months .

C. After the Defendant’s resolution on the instant disciplinary action, the remaining operating members except F et al. hold a temporary operating committee (hereinafter “instant steering committee”) and amend Article 4(2) of the Defendant’s Election Management Regulations (hereinafter “the instant resolution”) as follows, and the Defendant made a resolution to withdraw the existing disciplinary action against H (hereinafter “the instant resolution 2”).

(hereinafter collectively referred to as “the Resolution of the Operating Committee of this case”). Article 4 (Electoral Eligibility) of the previous Election Management Regulations amended, shall not be eligible for election if:

(b)

2. Robbery, theft, fabrication of private documents, embezzlement or misappropriation and misappropriation of public funds.

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