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(영문) 부산지방법원서부지원 2019.07.18 2018가합101791
제명처분무효확인의 소
Text

1. It is confirmed that the Defendant’s expulsion disposition against the Plaintiff rendered on May 7, 2018 is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. On July 8, 2005, the Plaintiff of the parties is a member of C and its affiliated organizations, who is a member of C and C. The Defendant is referred to as “F Committee” according to the statement of evidence Nos. 3 according to Chapter 6 of C’s Articles of Incorporation and Article 2 of C’s Articles of Incorporation.

However, the above defendant's name is not only a dispute between the parties, but also Article 2 of the C's Articles of Incorporation and Branch (Council) Regulations provides that "a Eup/Myeon/Dong shall be established under the jurisdiction of the Si/Gun/Gu sub-council," and according to the evidence No. 4, G Dong, Hdong, I Dong, Jdong, etc. uses the name "sub-council".

(b).

Article 15 of the Criminal Procedure Act provides that the defendant's expulsions against the plaintiff are as follows. Article 15 of the Criminal Procedure Act provides that the defendant's expulsions against the plaintiff shall be made three consecutive times a month. Article 15 (Penalty Provisions) provides that "any person who does not interfere with the defendant's reputation and unity at least three times a month, any person who does not interfere with the order of the committee at least five times a month during the first fiscal year, or any person who damages the honor and unity of the committee at least five times a month, shall open an executive committee and execute a provisional execution by the chairperson (Article 11 (4) of the Chapter 4) or upon the consent of the majority of the members present at the plenary session (Article 11 (4)). However, the defendant's expulsions from the defendant's member on February 24, 2018 by opening an executive committee at the meeting on February 24, 2018."

The plaintiff did not attend the above meeting, and the 19 members of the 19 members of the meeting held a bearer vote, and the above expulsion agenda was adopted as "4 persons who supported 13 and opposing."

3 The defendant, based on the results of the discussion of the above executives' meeting, is an agenda for expulsion against the plaintiff at the monthly meeting on March 5, 2018.

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