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(영문) 서울중앙지방법원 2014.05.16 2013가합560913
회장당선무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (i) The Defendant Association is a corporation established under Article 50 of the Framework Act on the Construction Industry as its members, including the articles of incorporation, etc., of the Defendant Association. The Plaintiff is a representative director of the Defendant Association as a member of the Defendant Association, and C is a representative director of the Defendant Association.

The main contents of the Articles of Incorporation of the Defendant Association, the regulations for the election of the Chairperson of the Federation (hereinafter referred to as the "Rules on Ethical Rule"), and the Ethics Committee (hereinafter referred to as the "Rules on Ethical Rule") concerning the qualification and disqualification of executive officers, such as the Chairperson, shall be

Article 13(1) of the Act on the Protection and Improvement of Family Affairs and the Protection and Protection of Family Affairs and the Protection of Family Affairs and the Protection and Protection of Family Affairs and the Protection of Family Affairs and the Protection and Protection of Family Affairs and the Protection of Family Affairs and the Protection and Protection of Family Affairs and the Protection of Family Affairs and the Protection and Protection of Family Affairs and the Protection of Family Affairs and the Protection and Protection of Family Affairs

B. On June 27, 2012, C filed an appeal after having been sentenced to a fine of KRW 10 million for the crime of occupational embezzlement. In the case of Suwon District Court 201Dahap28 (hereinafter related criminal cases), “Defendant Association’s budget while holding office as the president of the Gyeonggi-do Council, and embezzled the budget of the Gyeonggi-do Council at will (the total amount of embezzlement KRW 95,750,000).”

According to Article 5 subparagraph 6 of the former Rules on the Appointment of Chairperson, a person in whose case five years have not passed since he/she was sentenced to a fine in connection with the duties of the Association was ineligible for election as Chairperson. However, on August 16, 2012, the proviso was newly established to the effect that the board of directors of the Defendant Association, who was decided by the Ethics Committee to be eligible for election within the time limit for deliberation

(hereinafter referred to as the “instant provision”). Before August 24, 2012, Sheshed C requests the deliberation and resolution of whether to hold the eligibility for election in accordance with the instant provision newly established and Article 21(1) of the Ethics Committee Regulations, and requests the third president meeting of the Defendant Association held on September 3, 2012, held on September 3, 2012.

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