logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원(춘천) 2016.12.21 2016나1439
제명처분무효확인
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

The reasoning of the judgment of the court of first instance is as stated in the part of the reasoning of the judgment of the court of first instance, except for the addition of the following Paragraph 2, thereby citing the same as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[The defendant asserts that the act of the plaintiff (appointed party) and the appointed party removed the visibility tower set up in the name of the defendant in front of the F Station of the Gangwon-gun National Assembly without the prior consent of the chairperson of the defendant or the board of directors, and the act of establishing the temperature system constitutes an act detrimental to the friendship, friendship, and unity of the defendant's members, which is stipulated in the defendant's charter, but it is difficult to view the above act of the plaintiff (appointed party) and the appointed party as an act detrimental to the defendant's friendship, friendship, and unity of the defendant's members, as an act detrimental to the defendant's friendship, friendship, and unity of the defendant's members, and there is no other evidence to recognize it. The defendant's assertion on the additional part of the defendant's argument is a volunteer organization established voluntarily on the basis of the freedom of assembly and association resolution, which is a fundamental right under the Constitution, and thus, autonomy of the organization should be guaranteed to the maximum extent. Thus, even if the resolution of expulsion of this case is not subject to judicial review, it shall be null and void only if it seriously violates justice.

Judgment

The defendant is a general organization that does not constitute a religious organization or university that should be guaranteed the maximum autonomy of the organization, and the plaintiffs were deprived of their membership as the defendant according to the resolution of expulsion of this case. Thus, the lawsuit of this case constitutes a dispute over specific rights and obligations or legal relations of the plaintiffs and thus

Furthermore, unless the defendant has a serious defect to the extent that it would be against the concept of justice.

arrow