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(영문) 창원지방법원통영지원 2019.07.18 2018가합318
제명처분무효확인 및 회원자격회복
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff, from around 2007, was active as a member of the Gyeong-si Branch of the Gyeongnam Branch of the Defendant Gyeongnam Branch (hereinafter “Defendant”), instead of distinguishing between the Defendant and the macro-si Branch.

Around October 31, 2018, the Defendant held the board of directors (hereinafter referred to as the “board of Directors”) and made a resolution to dismiss the Plaintiff on the grounds of Article 27(1) of the Rules on the Establishment and Operation of the Defendant Branch (hereinafter referred to as the “Operation Rules”), and notified the Plaintiff of the resolution.

Meanwhile, the defendant's operating rules are as follows.

Article 26 (Disciplinary Action)

1. The chief director of each sub-chapter or its members may take disciplinary action against each sub-chapter or its members in the following cases, and each sub-chapter may take disciplinary action with the approval of the chief director of each sub-chapter under his jurisdiction:

1) Article 27 (In the event of failure to comply with the articles of incorporation, branch offices, establishment of branch offices, and operational regulations; 3) In the event of failure to comply with the direction of the chief director of the Board of Governors;

1. Disciplinary actions may be taken against the members of the branch or sub-branch upon a resolution of the sub-branch or the board of directors in the following cases:

1) If it does not comply with the articles and regulations of the Association; 2) if it does not carry out the resolutions of the Assembly and the Board of Directors, it interferes with or defames the projects of the three branches or branches;

2. The kinds of the disciplinary action under the preceding paragraph shall be as follows:

1) Warning 2) Expulsion 3

2. Determination

A. The summary of the Plaintiff’s assertion on procedural defect 1 did not provide the Plaintiff with an opportunity to notify the date of the disciplinary action and the grounds for disciplinary action in advance or give an opportunity to vindicate. With respect to the instant expulsion resolution, the Defendant did not obtain the approval of the president of the second instance as stipulated in Article 26 of the Management Rules.

The notification of disciplinary action has been decided by unanimous appointment of all directors, but it has not been present at the actual meeting of the board of directors.

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