The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Regarding ground of appeal No. 1

A. According to the Articles of incorporation, etc. of the Defendant in the Agricultural Cooperatives Act and the record, the following facts are revealed.

(1) A regional agricultural cooperative may appoint a board of representatives substituted for a general meeting, as prescribed by the articles of association, with respect to the remaining matters, other than those which can replace the resolution of a general meeting by voting of members of a general meeting.

(2) A disciplinary action against the president of an agricultural cooperative, which is a local agricultural cooperative, may be decided by a board of representatives in lieu of a general meeting, except where a supervisory agency or the head of the central federation makes a request for a measure. Of the matters to be resolved by a general meeting, matters other than those (a resolution of dismissal, etc. upon a request for dismissal of members) that can replace a resolution by a general meeting (a resolution of dismissal, etc. upon a request for dismissal of members), among those to be resolved by a general meeting, may be decided by a board of representatives in lieu of a general meeting.

(Articles of Incorporation and Articles 37(1)6, 40(1), 46(1), and 142(1) of the Articles of Incorporation (Articles of Incorporation and Articles of Incorporation). (3) According to the Defendant’s disciplinary action rules, the disciplinary action against executives and employees shall apply except as otherwise provided in Acts and subordinate statutes, articles of incorporation, and the National Agricultural Cooperative Federation’s rules or relevant regulations, and the suspension of duties against union presidents as its own disciplinary action shall be subject to a resolution of the general meeting.

(Article 2, Article 3(2)2, and Article 17(1) of the Disciplinary Amendment Regulations, Article 2 and Article 7(2)2(a) of the Rules on Handling of Disciplinary Action against Member Associations

In full view of the above provisions, a resolution of the board of representatives may be made in lieu of a general meeting where the defendant takes a disciplinary action against the head of the association, not where the head of the supervisory agency or the head of the National Agricultural Cooperative Federation makes a request for measures

Although the defendant's grounds for disciplinary action are the same.