[1] The case where the person holding the general meeting convening authority may postpone the holding of the general meeting already convened or withdraw or cancel the convocation in a corporation or an association which is not a corporation

[2] Whether the person holding the authority to call a general meeting of a corporation or an association which is not a corporation must notify the members of the same manner as convening a general meeting in withdrawing or revoking the convocation (negative)

[1] In case where, before the general meeting convened at a corporation or an association which is not a corporation, there is a need to convene the general meeting or a change in the basic circumstances that could have been possible, the convening authority may postpone the general meeting convened or withdraw or cancel the convocation, except in extenuating circumstances.

[2] Where a person who has the authority to call a general meeting of a corporation or an association which is not a corporation withdraws or cancels the call of the general meeting, it does not necessarily need to notify the members of the general meeting of such withdrawal or cancellation in the same manner as the call of the general meeting, and it takes appropriate measures to inform the members of the general meeting of the withdrawal or revocation of the call. It takes effect of the withdrawal or revocation of

[1] Article 71 of the Civil Act / [2] Article 71 of the Civil Act

Plaintiff (Attorney Kim Jong-soo, Counsel for plaintiff-appellant)

Korea Non-intermediate Department (Law Firm Barun, Attorneys Kang Byung-pon et al., Counsel for the plaintiff-appellant)

Seoul High Court Decision 2006Na19407 delivered on November 1, 2006

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

1. In the case of a general meeting of a corporation or an association which is not a corporation, where the initial general meeting is required before the general meeting convened is held, or where there is any change in the basic circumstances which could have been available, the convening authority may postpone the general meeting convened, or withdraw or cancel the convocation, unless there are any special circumstances;

The court below, after compiling the adopted evidence, found the facts as stated in its reasoning, and found that the National Election Commission of the defendant Order (hereinafter “Central Election Commission”) issued the 14th Central Election Commission of the 14th Central Election Commission (hereinafter “Central Election Commission”) with an instruction to cancel or re-convene the convocation of the plenary session to elect a candidate for the chief executive officer at the Central Election Commission of the 14th Central Election Commission, which is a subordinate organization of the defendant Order, based on the right to direct and supervise the branch executive officer at the Central Election Commission of the Central Election Commission under Article 5(4) of the Election Commission Act and Article 7(5) of the Central Central Election Commission Act, which is a subordinate organization of the defendant Order, and even if there is a reason for not being able to elect a candidate at the Central Central Election Commission due to the cancellation of the candidate registration, it is unreasonable to hold the Central Central Election Commission meeting already convened. In general, considering that the Central Election Commission of the Central Election Commission of the Central Election Commission may cancel or cancel the convocation at its discretion.

In light of the above legal principles and records, the judgment of the court below is just and acceptable, and there are no errors in the misapprehension of legal principles as to the legal nature of convening a general meeting and the impossibility of revoking the convening a general meeting already convened, as alleged in the grounds of appeal.

2. In the general meeting of a juristic person or an unincorporated association, where the person who has the authority to convene the general meeting withdraws or cancels the convocation of the general meeting, it is not necessarily necessary to notify the members of the general meeting of the withdrawal or cancellation in the same manner as the convocation of the general meeting, and taking appropriate measures to inform the members of the general meeting of the withdrawal or cancellation of the convocation of the general meeting. It takes effect of such withdrawal or cancellation as well

The court below, after compiling the adopted evidence, found the facts as stated in its reasoning. After considering the facts, the court below determined to cancel the convocation of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session, and notified it to the plenary office of the plenary office of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session, and reported it to the plenary office of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the plenary session of the case, even if the decision to cancel the convocation was not notified by the plenary session of the plenary session of the plenary session of the plenary session of the same manner as the plenary session of the plenary session of the plenary session of the plenary session of the case.

In light of the above legal principles and records, the judgment of the court below is just and acceptable, and there is no error in the misapprehension of legal principles as to the requirements for the cancellation of a general meeting meeting, and the requirements for taking effect, contrary to the allegations in the grounds of appeal.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Ji-hyung (Presiding Justice)