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(영문) 대구고등법원 2018.09.12 2018나22023
지부장선거무효및당선무효
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the basic facts is the "1. Basic Facts" of the judgment of the court of first instance.

The relevant provision is identical to the entry of “1. Basic Facts” (Articles 2 through 10, 2, and 5) except for the dismissal as follows. As such, the relevant part shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

(c) Article 12 (Election of Officers)(1) of the Articles of Incorporation of the Korea Disabled Association, which is a relevant provision, the Chairperson and the Auditor shall be elected at the meeting directly, and the head of each City/Do branch office (hereinafter referred to as the "ex officio director") among the directors shall be elected in accordance with the procedures set out in the operating regulations of the relevant branch, and the directors, including Vice-Chairperson

Provided, That a general meeting may delegate its authority to the new chairperson in advance with respect to the approval of the vice-chairperson and directors, excluding ex officio directors.

(2) Detailed matters concerning the qualifications, methods of election, deprivation of qualifications for executives, etc. shall be prescribed by separate regulations of the board of directors.

Provided, That the chairperson, the head of a branch, and the head of a branch among the qualifications of executive officers shall meet the following qualifications:

2. The president shall be a person who does not fall under the grounds for disqualification of officers as prescribed by the Social Welfare Services Act;

Article 4 (Election Management Regulations and Public Notice) (1) of the Election Management Regulations of the Korean Association for the Disabled, an incorporated association, shall be held on the date determined by the board of directors during March of the relevant election year, and branch officers and executive officers shall be held on the date determined by the branch operation committee in February of the relevant year, and the election of branch officers and executive officers shall be held on the date determined by the branch operation committee during January of the relevant

Provided, That in cases of reelection and special election, it shall be held on the date determined by the board of directors or branch operation committee and branch operation committee within 60 days from the date the reason thereof becomes definite.

(2) The election of head of a chapter who is elected as a direct election on the same day as the branch president shall be held in one month.

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