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(영문) 서울중앙지방법원 2016.01.22 2015가합528081
징계결의 무효확인
Text

1. On January 15, 2015, the Defendant confirmed that the resolution of expulsion against the Plaintiff was null and void.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The defendant is a non-corporate association established for the purpose of preserving, transmitting, enhancing the distribution of B and promoting friendship among its members pursuant to Article 24(2) of the Cultural Heritage Protection Act. 2) The plaintiff is a regular member of the defendant, who is designated as an organization holding important intangible cultural heritage by the Cultural Heritage Administration pursuant to Article 24(2) of the Cultural Heritage Protection Act. The plaintiff was selected as an assistant instructor for successor training in important intangible cultural heritage by the Administrator of the Cultural Heritage Administration on February 5, 2002 and received a subsidy for successor training from the Cultural Heritage Administration.

B. On January 5, 2015, the Defendant held a steering committee for deliberation, etc. on disciplinary action against the Plaintiff on disciplinary action against the Plaintiff. Three of the 14 operating committee members present at the steering committee shall have the opinion of “inorganic suspension of qualification and suspension of contribution” and the remaining 11 members shall have expressed their opinions of “inorganic expulsion” (hereinafter “the resolution of expulsion”).

(2) On January 14, 2015, the Cultural Heritage Administration notified the Plaintiff that the Plaintiff would suspend the payment of subsidies for successor training from January 2015, 2015 pursuant to Article 9(2) of the Regulations on the Payment and Operation of Subsidies for Transmission of Important Intangible Cultural Heritage on the ground that the Plaintiff was expelled from the Defendant member.

C. Relevant rules, such as relevant articles of association, and the rules governing the operation of the Defendant involved in this case are as follows:

The following projects shall be conducted to achieve the objectives of this meeting under Article 4 (Business) of the Rules of the Defendant Association (amended and enforced June 30, 2013):

1. Preservation of its original form;

2. Successor training;

3. Regular performances and non-regular performances;

4. Promotion of domestic and overseas dissemination; and

5. Research and announcement of data collection and publication of related books;

6.The member(s) in Article VII (Duty) of the Project to achieve other objectives shall have the following obligations:

1. Observance of the regulations and regulations;

2. The execution of the matters for resolution by the general meeting and operation committee; and

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