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(영문) 대전지방법원 2018.05.31 2018가합100230
후보자격박탈처분 무효확인
Text

1. In respect of this case, a protocol of recognition and recognition made on February 8, 2018 by this Court shall be revoked.

2. The instant lawsuit shall be dismissed.

3...

Reasons

1. Facts of recognition;

A. The defendant is a juristic person established pursuant to the Credit Unions Act and engaged in credit business, etc., and the plaintiff is a standing director of the defendant.

B. On December 29, 2017, the Defendant publicly announced that the Defendant’s election for the election of executive officers, such as the president, etc., should be held on January 18, 2018, and the Plaintiff standing as a candidate for the Defendant’s election of president (hereinafter “instant election”).

C. However, on January 11, 2018, the Defendant’s election commission rendered a disposition on the grounds of authoritative interpretation by the New Cooperation Federation that “the Plaintiff is unable to run as a candidate for the instant election, and thus the Plaintiff’s registration should be invalidated” (hereinafter “instant disposition”), and notified the Plaintiff thereof.

Accordingly, on January 11, 2018, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of the instant disposition that deprived of the Plaintiff’s qualification as the candidate, and filed an application for provisional disposition seeking suspension of the instant election until the judgment on the merits becomes final and conclusive ( Daejeon District Court 2018Kahap50013). Accordingly, on January 17, 2018, the said court rendered a decision citing the Plaintiff’s provisional disposition on the ground that “It is unreasonable to deprive the Plaintiff of the Plaintiff’s qualification even if it is interpreted that the Defendant’s right to be elected is not restricted in the Defendant’s position under the Articles of incorporation and the language and text of the election agreement.”

E. On January 24, 2018, the Defendant’s election commission revoked the instant disposition in accordance with the purport of the instant provisional disposition decision, and notified the Plaintiff of the following.

F. Meanwhile, on February 8, 2018, the Defendant recognized the Plaintiff’s claim on the first day of pleading at this Court’s first day of pleading, and accordingly, there was a protocol of recognition and recognition on the same day (hereinafter “Protocol of Recognition and Recognition”).

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