[1] Whether a lawsuit seeking confirmation of invalidity of an election by the president of a regional forestry cooperative should be based on the administrative litigation procedure (negative)

[2] In a case where the articles of association concerning the election of executive officers, such as the president of a regional forestry cooperative, were amended after the date of public announcement, and the supplementary provision regarding the election of the president of a cooperative applies retroactively to the date of public announcement before the date of public announcement (negative)

[1] Since a regional forestry cooperative is a voluntary public cooperative and does not require authorization from the competent Minister for the appointment of executive officers such as the president of the cooperative, if an election of the president of the cooperative is invalid, it does not necessarily require confirmation of invalidity through an administrative disposition, and if an election of the president of the cooperative is invalidated, it cannot take any effect from the beginning, and thus, the court may determine the invalidity

[2] Since all elections are determined by public notice, the provisions that apply to the election of the president of a regional forestry cooperative shall also be effective at the time of public notice, and even if the supplementary provisions were amended after public notice of election and the enforcement date retroactive to the supplementary provisions, unless the new public notice of election is given again pursuant to the revised provisions, the amended provisions shall not be applied to the election of the president of the regional forestry cooperative.

[1] Article 1 of the Administrative Litigation Act / [general administrative disposition], Articles 8, 68, 70, and 71 of the Forestry Cooperatives Act, Article 15 and / [2] Articles 41 and 42-2 of the Forestry Cooperatives Act

Kim Jong-type (Attorney Kim Sang-hoon, Counsel for the defendant-appellant)

Styang-gun Forestry Cooperatives (Attorney Park Jae-sat et al., Counsel for defendant-appellant)

1. Ascertainment that an election of the president of an association held by the defendant on June 3, 1997 is invalid.

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

The same shall apply to the order.

1. Basic facts

The following facts are either in dispute between the parties, or there is no counter-proof as to the statements or images of Gap evidence 1 to 4, Eul evidence 1 to 10, the witness interference, and the testimony of Lee Jin as a whole, and there is no counter-proof otherwise.

(a) The 13th election course of the defendant union;

(1) The Defendant Union announced on May 20, 1997 to elect the 13th president of the Defendant Union and received an application for the registration of the candidate from May 20, 1997 to the 24th of the same month. At the time of the Plaintiff and the Defendant Union registered the candidate and completed an inspection of the electoral register from June 3, 1997, the Plaintiff and the 13th president of the Plaintiff and the 13th president of the Defendant Union (hereinafter “the instant association president”).

(2) On June 3, 1997, at the time of the election of the head of the association of this case, the Defendant Union made the first voting by designating 27 representatives of the Defendant Union as the head of the association of this case and 27 representatives of the Defendant Union, who were at the time of the election of the head of the association of this case. The Plaintiff and the above head of the association obtained 14 votes each, and did not have a majority of the votes, and as such, the said head of the association was elected as the head of the Defendant Union by obtaining 18 votes in accordance with the

B. Provisions regarding the election at the time of the public announcement of the election of the president of the partnership

(1) Article 5(1) of the Local Associations of Association and Annexed Officers Election Regulations: The officers of the Association shall be elected by members at a general meeting. If it is difficult to convene a general meeting, they shall be elected by representatives.

(2) Article 6(1) of the same Code: A person recorded in the list of union members (if a meeting of representatives is elected, 'list of representatives') as of the date of public announcement of the election shall be the electors, and the head of the association shall prepare a list of union

(3) Article 54 of the articles of association of a local union: It shall have a board of representatives substituted by this union, and shall be composed of the president and representatives of the union.

(4) Article 56 of the same articles of association: Executives and employees of this association shall not become representatives.

(c) Amendment process under Article 6 (1) of the Local Associations' Election Regulations (hereafter referred to as the "Rules of this case") to the articles of association or affiliated organizations;

(1) On May 6, 1997, the National Forestry Cooperatives Federation notified the Minister of Agriculture and Forestry of the regulations and rules related to the election of the president of a cooperative and the president of the National Federation, and notified the National Federation of the necessary measures. On May 8, 1997, it held a board of directors at the meeting of the National Federation at the meeting room of the National Federation, in accordance with the amendment of the regulations issued by the Ministry of Agriculture and Forestry, and amended the articles of association, Annex, officers, election rules of local associations, articles of association and local union officers, and the election rules of local association officers, and on the other hand, on the date of amendment of Article 6(1) of the local union's articles of association at the "person who was listed on the list of union members (where elected by the board of representatives, the list of representatives)" (where elected by the board of representatives, the members of the board of representatives) pursuant to Article 41(2) of the current articles of association at the meeting of the National Federation on the 15th day of the same month.

(2) Article 6(1) of the amended Local Articles of Incorporation, Annex to the Articles of Incorporation and the Election Regulations of Local Associations provides that "any member of the general meeting (where a meeting of representatives is elected, a member of the board of representatives referred to in Article 54(1) of the Articles of Incorporation) under Article 41(2) as of the date of public announcement of the election date shall be the elector," and at the same time, the term "the election manual of the Association" created by the above Federation and distributed to the local union shall also be construed as "where the board of representatives selects the head of the association, the list shall be

(3) On the 26th of the same month, the Defendant Union held a board of directors and a board of representatives to amend and resolve the instant regulations in accordance with the contents instructed by the Forestry Cooperatives Federation through the National Forestry Cooperatives Federation.

(4) The procedure for amending the articles of association is to take effect even if a union does not obtain a separate approval upon a resolution by the Minister of the Korea Forest Service pursuant to the proviso to Article 7(1).

2. Determination on this safety defense

According to the provisions of Articles 8, 68, 70, and 71 of the Forestry Cooperatives Act and Article 15 of the Enforcement Decree thereof, and Article 15 of the Enforcement Decree thereof of the National Forestry Cooperatives Act and Article 8 of the National Forestry Cooperatives Act and Article 8 of the National Forestry Cooperatives Act and Article 71 of the same Decree, the defendant asserts that, in order for a union member to seek the cancellation or correction of the general meeting’s resolution and election, a resolution may be filed with the Governor via the National Federation Chairperson within 30 days after the date of resolution or election day along with the documents proving consent and facts by at least 1/5 of the union members and the union members and union members of the National Assembly on the ground that the general meeting and union members of the National Assembly violate the Acts and subordinate statutes or the administrative disposition, articles of association, and regulations issued by the Acts and subordinate statutes or the National Assembly members of the National Assembly, and that, in order for the union member to seek the cancellation or correction thereof through the Governor delegated by the Minister of the Korea Forest Service, the lawsuit against the defendant or Do Governor shall be unlawful.

However, according to the above provisions in the articles of incorporation of the defendant association, a resolution, election, or cancellation of election in violation of the laws and regulations may be requested to the Do Governor, and it does not necessarily require the Do Governor to revoke the decision, and the defendant association does not necessarily require the approval of the competent Minister in the appointment of an executive officer as a voluntary public cooperative. Thus, if the election of the head of the defendant association is invalidated, it does not necessarily require the confirmation of invalidity through an administrative disposition. If the election of the head of the association of this case is invalidated, it cannot be effective from the beginning, and the court can determine the invalidity of the

3. Judgment on the merits

A. The plaintiff's assertion

(1) The plaintiff (1) although the election of the head of the association of this case cannot be the chairperson of the board of representatives elected by the head of the association in the event that the head of the association is a candidate, the representative of the association of this case shall be elected by the members, and the representative of the defendant association shall be elected by the members. The election of the head of the association of this case is held by the representative who is not qualified as a union member or elected by the representative regardless of the will of the union members. (2) Notwithstanding that the head of the association is not a representative, he is not a representative, he exercised his voting right as an elector, and even if the defendant union specified in the Addenda that the head of the association will enter into force from May 15, 1997 at the time of the amendment of the agreement of this case, the election of the head of the association of this case shall be null and void.

B. Defendant’s assertion

(1) According to the revised regulations of this case as of May 15, 1997, the defendant also recognized that the president of the cooperative is entitled to vote, and even if the National Forestry Cooperatives Federation decided to amend the bylaws of this case on May 20, 1997, "if the representatives' meeting selects the president of the cooperative, the electoral register shall be prepared with the president and representatives as of the date of the public announcement of the electoral register as of the election day." (2) The amendment process of the regulations of this case was clearly made to avoid confusion in the interpretation of the regulations of this case, "the person who is listed in the electoral register as of the date of public announcement of the former election day (where the representatives' meeting is elected by the representatives' meeting) shall be the elector, and (3) since the amendment of the regulations of this case does not change the qualifications of the elector due to the amendment of the regulations of this case, the election of the head of the cooperative of this case shall be made on June 3, 196, and the amendment of the regulations of this case shall be made on May 15, 197.

(c) Markets:

(1) Whether the procedure of the instant association head’s election is unlawful

The plaintiff asserts that the election of the head of the association of this case was null and void since the above Park Ho-ho, a candidate for the head of the association, was the chairperson of the council of representatives, although he could not be the chairperson of the council of representatives when he is a candidate, and the election of the head of the association of this case was conducted for the election of the head of the association of this case. However, there is no evidence to prove that the above Park Ho-ho, a candidate for the head of the association of this case, did not proceed with the council of representatives for the election of the head of the association of this case, and rather, according to the evidence No. 1 and the video No. 2, the plaintiff's assertion is without merit since the non-party Lee Il-ho, a principal director of the defendant association of this case, was held a meeting as the Speaker for the election of the head of the association of this case. In addition, the plaintiff asserted that the representative of the defendant association of this case was elected by the members, regardless of the will of the association members, and there is no evidence to recognize this differently.

(2) the provisions applicable to the election of chief executive officers;

Since all elections are determined by public notice, the provisions applicable to the election of the president of the association of this case apply to the election of the president of the association of this case at the time of public notice, and as seen earlier, the provisions applicable to the election of the president of the association of this case shall be effective at the time of public notice, and since the public notice date was the May 20, 1997 and the regulations of this case shall not be amended until that time, the provisions of this case shall apply to the election of the president of the association of this case before the amendment, and even if the amendment of the regulations of this case retroactive to May 15, 1997 after the public notice date was made, the amendments to the regulations of this case shall not apply to the election of the president of the association of this case without

(3) Qualifications for the elector of the instant partnership head

Therefore, the eligibility of voters for the election of the head of the association of this case shall be determined by the provisions before the amendment, and Article 5 of the former Rules on the Election of Executive Officers of this case provides that "any officer or employee of the association of this case may be elected by the board of representatives if it is difficult to convene a general meeting," and there is no defect in the election of the head of the association itself. However, Article 6 (1) of the same Code provides that "the person who is listed in the list of union members as of the date of public announcement of the election of the head of the association ("list of representatives" if elected by the board of representatives) shall be the one who is listed in the list of union members as of the date of public announcement of the election of the head of the association shall be the one who is listed in the list of representatives, i.e., the representative shall be the one who is elected by the representative, and Article 54 (1) of the articles of association of the defendant association shall be composed of the head of the association and the representative."

In addition, prior to the amendment, the statute of this case clearly limits the eligibility of the elector in the case of election of the president at the board of representatives to the "person registered on the register of representatives". Thus, the defendant's assertion that the above provision shall not be deemed to be an amendment to the articles of association, since the phrase is clearly stated in order to avoid confusion in the interpretation, and it does not change the validity.

4. Conclusion

Therefore, an election of the president of a cooperative held on June 3, 1997 by the Defendant Union is invalid because it is inappropriate for the president of a cooperative without qualification as an elector to elect the president of the cooperative, and it is also an interest to seek confirmation by affecting the result of the election. Therefore, the Plaintiff’s claim of this case is accepted for reasons.

Judges Yellow-Gyeong (Presiding Judge)