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(영문) 청주지방법원 2016.05.26 2015가합23168
당선무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Cooperative is a regional forestry cooperative established under the Forestry Cooperatives Act for the purpose of promoting sustainable forest management of its members, promoting forest productivity, and enhancing its members’ economic, social, and cultural status.

B. F was elected as the president of the Defendant Union on March 11, 2015 (hereinafter “instant election”) with the qualification for membership as a forest manager on June 30, 1994, and became a member of the Defendant Union.

Meanwhile, after the instant election, F’s eligibility to join the Defendant Association was changed to “small Property Owners.”

C. Among the articles of incorporation of the Forestry Cooperatives Act and the defendant's cooperatives, the main contents of this case are as follows:

The definitions of terms used in this Act (Definitions) of the Forestry Cooperatives Act (Act No. 4556 of June 11, 1993) shall be as follows:

The provisions of Articles 10, 190, 13, 193, 11

1. The term "forest", "forest products", "forest owners", and "special development areas" mean forests, forest products, forest owners, and special development areas referred to in each subparagraph of Article 2 (1) of the Forestry Act, respectively;

2. The term "forest manager" means a person who manages or engages in a forest and a person who produces and processes (referring to the primary processing) forest products, or produces and sells species, seedlings, seedlings (including mushroom seeds; hereinafter the same shall apply), or landscape trees (including roadside trees and ornamental trees; hereinafter the same shall apply);

Article 34 (Members, etc.) (1) The members of the Cooperative shall consist of forest managers of forests located within the said zone, who reside in the said zone, and forest managers, such as managing forests within the said zone.

Article 1 (Enforcement Date, etc.) of the Addenda Act (No. 4556), and Article 1 (Enforcement Date, etc.) shall enter into force six months after the date of its promulgation.

Provided, That the amendments of the articles of incorporation as necessary for the enforcement of this Act and the preparation for the enforcement of this Act may be made before this Act enters into force.

The terms used in this Act, Article 2 of the Forestry Cooperatives Act (Act No. 13139, Feb. 3, 2015) (Definitions).

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