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(영문) 광주지방법원목포지원 2019.08.20 2019가합10045
임시대의원회결의무효확인
Text

1. Of the Defendant’s resolution of the provisional board of representatives on December 26, 2018, the resolution dismissing the Plaintiff from the Defendant’s member.

Reasons

1. Basic facts

A. The plaintiff is the defendant's member.

B. On January 15, 2017, from January 14, 2019 to January 14, 2019, the C Press published a negative article against the Defendant several times. D and reporters, the representative of the C Press, were indicted on January 14, 2019 on suspicion of defamation of publication due to publication of news articles related to the Defendant, such as “F”, “G”, etc.

C. On December 12, 2018, the Defendant’s auditor and I conducted a special audit, and concluded that the Plaintiff deposited the said article with the C press, and that the said article was reported. On December 12, 2018, the Defendant requested the Defendant to take measures for expulsion against the Plaintiff.

On December 26, 2018, the Defendant: (a) held a temporary board of representatives (hereinafter referred to as “temporary board of representatives”); (b) took part in reporting false facts or slanders against the Defendant several times in a public and private competition with the C media; (c) thereby damaging the Defendant’s honor and credit and causing enormous loss in its union business; (d) the Plaintiff’s act constitutes grounds for expulsion under Article 26(1)3 of the Defendant’s Articles of incorporation (hereinafter referred to as “the instant resolution for expulsion”); and (d) notified the Plaintiff of the instant resolution for expulsion on December 27, 2018.

Article 26 (Expulsion) (1) If a member of the association falls under any of the following subparagraphs, the association may be expelled through a resolution of the general meeting:

3. Any of the following matters shall be subject to a resolution at a general meeting:

3. Expulsion of a member (1) With respect to the following matters, a resolution at a general meeting of members may be substituted by a vote of the member, notwithstanding Article 37 (1):

1. Dissolution, merger, or division;

2. The president of an association;

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