1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The reasons stated in this part are as follows: (a) the second 14th 14th 2th 14th 201 of the judgment of the court of first instance (hereinafter “2th 2015 December 22, 2005”) is the same as the entry of the corresponding part of the judgment of the court of first instance, and thus, (b) the same is cited in accordance with the main sentence of Article 420 of the Civil Procedure

The main intent of the plaintiff's argument about the defendant's defense is that if an executive officer is sentenced to a fine or heavier punishment for a criminal case related to his/her duties, he/she shall lose his/her qualification from the date of such sentence, and in this case, he/she shall immediately elect a new executive and obtain

The Plaintiff’s former president D was sentenced to imprisonment with prison labor for a crime related to duties on December 2014 and lost the status of the president of the partnership. Since it is unlawful for the Plaintiff to maintain a job agency system without selecting a new president for at least one year, E cannot be deemed a legitimate representative.

Facts of recognition

The articles of incorporation of the plaintiff shall be elected at the general meeting with the attendance of a majority of the incumbent members and with the concurrent vote of a majority of the incumbent members present: Provided, That where a vacancy occurs during the term of office, the board of representatives from among the members shall be appointed as a substitute (Article 13(2)); an officer who is sentenced to a fine or heavier punishment for a criminal case related to his/her duties after being appointed as an officer shall lose his/her qualification from the date of appointment; and in such cases, the officer shall immediately be elected as a new officer and shall obtain approval of change from the competent authority (Article 14(

(Article 16 (3) proviso of the Articles of Incorporation).

On the other hand, D, the president of the Plaintiff’s cooperative, was indicted by Changwon District Court 2015Gohap179 on the grounds of criminal facts such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to a suspended sentence of two years and a fine of twenty million won for a year on December 21, 2015, and the prosecutor asserts mistake of facts and unfair sentencing, and the Busan High Court original tribunal is the Busan High Court.