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(영문) 의정부지방법원 고양지원 2018.10.12 2018가합282
제명처분무효확인 등
Text

1. The expulsion made on October 26, 2017 by Defendant B against the Plaintiff by the Defendant Incorporated Association is invalid.

2. Defendant.

Reasons

1. Basic facts

A. The status of the party as the Defendant Association B (hereinafter “Defendant Association”) is the subordinate agency of the Incorporated Association D (hereinafter “D”), and the Defendant C Apartment Complex Center (hereinafter “Defendant Respect Center”) is the subordinate organization under the management of the Seongdong-gu Branch of the Defendant Association and the Seongbuk-gu Branch of the Seoul Metropolitan Government (hereinafter “Seoul Metropolitan Association”).

On November 15, 2015, the plaintiff is elected as the chairperson of the defendant senior citizen center and has performed the duties of the chairperson.

B. On July 13, 2017, the Gyeyang-gu branch held a deliberation committee on punishment against the Plaintiff on the grounds that a dispute, such as a criminal complaint, arises between the members and the members of the Defendant’s senior citizens’ center, etc., and resolved to the effect that “the re-election agenda of the president is notified, and the general meeting is held on July 27, 2017, so that the operation of the senior citizens’ center can be normalized,” and notified the Plaintiff that the Plaintiff would not hold the general meeting of the Defendant’s senior citizens center. (ii) The Gyeyang-gu branch convened the deliberation committee on punishment again on August 2, 2017, passed a resolution on the expulsion of five years against the Plaintiff for the reason of disciplinary action, holding the board of directors on August 18, 2017, and resolved on the expulsion of the Plaintiff.

(3) On October 26, 2017, the Plaintiff filed an application for reexamination with the Defendant Federation regarding the expulsion of the members of the Gyeyang-gu Branch. The Defendant Federation held a punishment deliberation committee on the disciplinary action against the Plaintiff on the following grounds: (a) the Plaintiff failed to make efforts to resolve the inequality with members; (b) failed to establish the regulations on the operation of the center for senior citizens as a chairperson; (c) caused conflicts by voluntarily disregarding the articles of association and regulations of the D; and (d) attending the deliberation committee on punishment with bad attitudes; and (c) thereby disturbing the organizational discipline by taking the disciplinary action “three years” against the Plaintiff (hereinafter referred to as the “instant reexamination decision”).

(b).

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