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(영문) 서울중앙지방법원 2021.02.10 2020가합525840
총회결의무효확인 청구
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is a corporation established for the purpose of improving the status of a female economic person, protecting the rights and interests of female-owned businesses, promoting the activities of female-owned businesses, and the plaintiffs are the representatives of the defendant with interest on members belonging to the Seoul Branch.

B. Article 14 (Election of Officers) (1) The president shall be elected at the Assembly by means of a secret vote in life, after the amendment of the Articles of Incorporation and the amendment of the Articles of Incorporation before the amendment.

Article 14 (Election of Officers) (1) The president of the Association shall recommend the current chief vice-president to the meeting as one.

The chief vice-chairperson of the Association shall be elected from among the persons recommended by at least two members of each sub-councils by meeting the right to vote under Article 11 of the Election Management Regulations and at least two-thirds of the number of the sub-councils in a society where the term of office of the president of the Association is two years, and when the representatives of each sub-council are elected after approval at the next general meeting in a three-year term of office, the president of the Association shall hold an extraordinary general meeting and substitute for the president of the next general meeting.

However, if the approval of the president of the general meeting is rejected at the general meeting or the automatic trend of the president of the next general meeting is rejected, it is necessary to discuss whether or not the Association is recommended again in the society or to hold an election.

1) On February 8, 2017, the Defendant held a general meeting of shareholders and passed a resolution to amend Article 14(1) of the Articles of Incorporation relating to the election of the president. Accordingly, on March 20, 2017, the foregoing provision was amended as follows (hereinafter “instant provision”). Chapter 3 Members Article 8 (Rights of Members) of Chapter 3 have the following rights:

2. Right to vote and suffrage of a person appointed pursuant to the articles of association and the provisions of the Association;

3. The following officers shall be assigned to the Association under Chapter IV executives of the right to attend meetings of all levels and speak and take a vote pursuant to the articles of association and the provisions of paragraph (1):

1. One chairman;

2. Article 14 (Election of Officers) (1) The president of the Association shall recommend the current chief vice-president to a general meeting as a fractional one;

The Association.

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