(영문) 창원지방법원진주지원 2017.06.01 2017가합10261

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(영문) 창원지방법원진주지원 2017.06.01 2017가합10261

대표자 지위 부존재확인

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The defendant is a church belonging to the Jinnam Labor Association of Korea, which belongs to the Jinnam Labor Association, and the plaintiffs are members of the defendant as the members of the political party and the head of the party.

B. Nonparty H (I) was in office as the president of the Defendant’s party branch and the head of the office, and on December 31, 2016, when Nonparty H (I) is in office as the head, office and office, and office, as prescribed by Article 22 and Article 22 of the Constitution of the Republic of Korea Assembly of the Republic of Korea as of December 31, 2016, is in office as the head, office and office, and its affairs are in office as of the end

There are two long-ro ways:

1. He is called as a pastor with a person who concurrently serves as a guard;

2. It shall be called "the head of a Ri";

Provided, That where a person who has an anti-permanent position intends to retire before he/she reaches 70 years of age due to circumstances, he/she may retire after obtaining permission from the competent council.

The term of office has expired according to this paragraph.

C. Pursuant to a resolution of the Defendant’s Policy Council on December 22, 2016 that “H is present at the seat of the president of the Agency from January 1, 2017 to the seat of the president of the Agency,” H performed his/her duties as the Defendant’s substitute chairman from January 1, 2017.

On February 16, 2017, Jinnam Labor Association notified the Defendant that “The J pastor shall be dispatched to the Defendant’s temporary president in accordance with a resolution to send the J pastor to a temporary president.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1 to 4, Eul evidence No. 6 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that the Plaintiff sought confirmation as to whether H, who was the president of the Defendant’s party and the head of the lower party and the head of the lower party, retired as of December 31, 2016, did not have the status of a party president and the head of the lower party thereafter.

The defendant, as of December 31, 2016, was retired from the position of the president and minister of the party branch. However, the defendant's policy party meeting held on December 22, 2016, as of February 16, 2017, sent to the president of the party branch of the party branch by seeing as the president of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of the party branch of

참조조문

-대한민국헌법 제22조

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