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(영문) 서울중앙지방법원 2017.09.21 2016가합567717
회장지위확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The defendant Korean Olympic Committee for fact-finding is a public institution affiliated with the Ministry of Culture, Sports and Tourism established with the aim of contributing to promoting the health and physical strength of the people. The defendant Korean Olympic Committee for fact-finding is a non-profit incorporated association affiliated with the defendant Korean Olympic Committee, which is a member business group affiliated with the defendant Korean Olympic Committee. The defendant B Olympic Committee (hereinafter "Defendant B Olympic Committee") is a branch of the defendant B Olympic Committee

C Association (hereinafter referred to as the “C Association”) is a regular member organization of the Defendant Korea Sports Association and a regular member organization of the Defendant B Amateur Association.

The plaintiff was elected in the election of the chairperson of the 20th C Association, which was conducted on August 22, 2016.

Around September 2, 2016, the chairperson of the C Association integrated promotion of the C Association requested the consent of the chairperson of the C Association of Korea to the Plaintiff. Around September 6, 2016 and September 20, 2016, the C Association requested the Korea Amateur Association of Korea to hold the above-mentioned consultation.

In this regard, the defendant Korean Olympic Committee was sentenced to a fine by deceiving the subsidy by means of unafusing the game value at the time when the plaintiff was in office as a C Association inquiry director, and this response was not possible because it was equivalent to the occupational embezzlement and breach of trust under Article 26 (1) 8 of the Korean Olympic Committee's member sports organization regulations or it was not possible to give consent because it was a misconduct such as the pursuit of private interest under Article 26 (1) 10.

On September 27, 2016, the Korea Amateur Association and the Korea Amateur Association sent a reply to the Korea Amateur Association to the effect that “In order to enhance the circumstances and fairness and ethics of the field of public interest, it is not possible to agree with the Korea Amateur Association, as the opinion of the Korea Amateur Association.”

Around October 5, 2016, the C Association requested the review of the consent of the consent of the Korea Amateur Association. However, the Defendant Korea Amateur Association, after consultation with the Defendant Amateur Association, responded to the consent of the C Association and the Defendant B Amateur Association on November 2, 2016.

Defendant B Sports Association shall be against C Association on November 10, 2016.

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