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(영문) 서울남부지방법원 2017.04.27 2016가합103164
제명통보 무효 확인
Text

1. On January 29, 2016, the Defendant confirms that the resolution of disciplinary action against the Plaintiff by the board of directors against the Plaintiff is null and void.

2...

Reasons

1. Basic facts

A. The Defendant is an incorporated association with the aim of promoting friendship among filmers, protecting their rights and interests, and contributing to the advancement of the film art of Korea.

The plaintiff is a member of the defendant's member C, an incorporated association.

B. On January 29, 2016, the Defendant held a board of directors and made a resolution of disciplinary action against the Plaintiff for reasons under Article 10(1)2, 3, and 4 of the Articles of Incorporation (hereinafter “instant resolution”).

On February 4, 2016, the Defendant notified the Plaintiff of the instant disciplinary resolution and reached the Plaintiff around that time.

C. On March 3, 2016, the Defendant held a general meeting and held an election for the election of the president, and D was elected as the president by himself.

(hereinafter referred to as "the resolution for the election of the Chairperson of this case") d.

The main contents of the defendant's articles of incorporation are as follows.

Article 5 (Qualifications of Members) The members of this meeting shall be those engaged in the film art with the nationality of the Republic of Korea and who have received the associates of each association resolution body in accordance with the rules on deliberation for membership of each association (regular members, associate members, special members, honorary members).

Article 6 (Composition of Members) The organization of this meeting shall be comprised of the following associations and the Council members:

1. Article 10 (Disciplinary Action against Members) of an incorporated association;

1. If a member falls under any of the following cases, he/she may be subject to disciplinary action against the member through a resolution of each association-resolution body:

Provided, That the matters subject to disciplinary action in this Association shall be subject to the same disciplinary action in each Association.

(2) When the plenary session interferes with the business of the plenary session, (3) is detrimental to or detrimental to the honor of the plenary session, (4) is encouraged by members, and is detrimental to the generalization of plenary session.

2. The kinds of disciplinary actions referred to in the preceding paragraph shall be as follows:

(1) The following officers shall be assigned to this Council under (2) a warning (3) a time limit for reprimand (4) an officer

1. One chairperson. Article 12 (Election)

1.The officers shall be elected by the Assembly.

§ 21.

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