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1. The decision that C was made as the elected person of the branch office in the election of the head of the branch office held by the defendant on March 20, 2017 is null and void.
Reasons
1. Basic facts
A. On March 20, 2017, the Korea Overseas Food Service Federation (hereinafter “instant incorporated association”) Jeonnam-do branch (hereinafter “Defendant”) of the Defendant Branch C (hereinafter “Defendant”) held a representative meeting to elect the head of the branch, and as a result, C was determined to have been elected at the head of the branch, with the highest number of votes obtained by the Plaintiff, C, and D.
(hereinafter “Decision on the elected person of this case”). (b)
The articles of incorporation, which provides for the eligibility for the election for the head of a branch, provides that "any member at the plenary session shall be a person who reports to the general restaurant business under Article 21 subparagraph 8 (b) of the Enforcement Decree of the Food Sanitation Act and conducts business." Article 9 (2) 4 of the same Act provides that "any person who intends to become the head of a branch shall be a person under Article 5 and who has faithfully performed the duties of members for at least four consecutive years in his/her jurisdiction as of the date of registration of candidate," and Article 26 (1) provides that "any person who intends to become the head of a branch shall be a person under Article 5 and shall be a person who has faithfully performed the duties of members for at least four consecutive years in his/her jurisdiction as of the date of registration of candidate" under Article 30 (1) of the same Act.
【Ground of recognition】An absence of dispute, entry of Gap evidence 1-1 to 3, and 15
2. The plaintiff asserts that C is operating the “F” located in E, but in fact, C is not a person eligible for membership of the incorporated association of this case since November 2015, as C leases F and does not operate the business. Accordingly, C claims that the decision on the elected person of this case, who decided C not eligible for election, as the head of the branch office, are invalid.
As to this, the defendant is merely an employee, G is only an employee, and C is F.