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(영문) 춘천지방법원강릉지원 2016.11.22 2016가합168
제명결의무효확인
Text

1. We affirm that the Defendant’s resolution of expulsion against the Plaintiff on December 28, 2015 is null and void.

2. The costs of lawsuit shall be.

Reasons

1. The key issue of the instant case pertains to the fact that Defendant fishing village fraternity held an extraordinary general meeting on December 28, 2015 and resolved to dismiss the Plaintiff. There is no dispute between the parties, and the issue of the instant case is whether the said resolution is invalid due to procedural defects and substantive defects.

2. Determination

A. (i) According to the articles of incorporation (Evidence A) of Defendant fishing village fraternity, the expulsion may be made through the resolution of the general meeting where “if a member of the fraternity violates any statute, administrative disposition under any statute, articles of incorporation, or other rules, or intentionally or by gross negligence, causes losses to the fraternity or damages reputation or credit” (Article 17(1)3). In the case of a member of the fraternity subject to expulsion, he/she shall notify the reason for expulsion and give the member of the general meeting an opportunity to make a statement at the general meeting ten days prior to the opening of the general

(Article 17(2). In light of the nature, etc. of the resolution for expulsion of the members of the fishing village fraternity to the members of the fishing village fraternity, all the provisions of the procedure for expulsion of the members of the fraternity subject to expulsion shall be strictly interpreted, and according to the statement in subparagraph 3-1 of the evidence, the defendant fishing village fraternity can only recognize the fact that the plaintiff on December 22, 2015 notified the plaintiff on December 22, 2015 that "the plaintiff should conduct an extraordinary general meeting and attend and request attendance at the time of December 4, 2015," and the defendant fishing village fraternity shall not be deemed to have properly known the reason for expulsion 10 days prior to the above extraordinary general meeting unless there is any ground for deeming that the plaintiff had been present at the above extraordinary general meeting and complained of illegality, the resolution for expulsion of the plaintiff shall be null and void because the plaintiff did not have legitimate procedures.

B. (i) As to the substantive defect, Defendant fishing village fraternity cited as the Plaintiff’s expulsion reasons. ① Defendant fishing village fraternity applied for a sectional fishery permit at three times around April 2015, and the Plaintiff actively presented his dissenting opinion, thereby preventing the Defendant from obtaining a sectional fishery permit. ② The Plaintiff on June 22, 2015.

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