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(영문) 대전지방법원 2016.11.09 2015가합102600
조합장선거 등 무효 확인청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The defendant is a party to the basic facts. The defendant is a local agricultural cooperative established with the area of Dong-gu, Daejeon Metropolitan City and 30 Dong-dong, Jung-gu, and 10 Dong-dong, Jung-gu and 2 Dong-dong, and the plaintiff is a member of the defendant's association.

From April 1, 2014 to June 30, 2014, the Defendant: (a) conducted a fact-finding survey on cooperative members (hereinafter “fact-finding survey on cooperative members”); (b) notified a union member of the fact-finding survey on July 29, 2014, who did not submit documents proving his/her membership.

On September 1, 2014, the Defendant held the 9th regular board of directors on September 1, 2014 and reported the results of the investigation into the actual conditions of the instant association members, and decided to handle 134 non-qualified union members (15 + 92 members who are disqualified + 27 members who are identified as the result of the investigation into actual conditions until September 12, 2014) as withdrawing from the association after the grace period expires.

On September 12, 2014, 133 persons, excluding one person who submitted revised documents, were treated as withdrawing from the defendant association.

As of September 12, 2014, the number of the defendant union members as of September 12, 2015 is 1,515.

From February 20, 2015 to February 24, 2015, the Defendant: (a) prepared an electoral registry for 1502 persons excluding 13 persons who are disqualified for membership due to death, voluntary withdrawal, etc. after investigating the actual conditions of the instant association members; and (b) finalized on March 1, 2015.

In the election of the president of an association held by the Defendant on March 11, 2015 (hereinafter “instant election”), 1,184 of the 1,502 members of the association (including one invalid vote), participated in the voting (including one invalid vote), and F obtained 646 votes and G537 votes, and F was elected as the president of the association due to the difference in 109 votes.

Article 9 (Members) (1) Members of a Korean union shall be any of the following persons:

1. A person who has a domicile, residence or place of business in a cooperative and falls under the scope of farmers under Article 19 (4) of the Agricultural Cooperatives Act;

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