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(영문) 광주고등법원 2019.05.17 2018나24492
조합원제명결의취소청구의소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant is a DNA association established for the purpose of enhancing the agricultural productivity of its members, promoting the expansion of markets for agricultural products produced by its members and facilitating their distribution.

The plaintiff is a non-permanent auditor (hereinafter referred to as "auditor") of the defendant.

B. On September 22, 2017, the Defendant passed a resolution to dismiss the Plaintiff from the auditor as the following grounds for dismissal at the board of representatives:

Grounds for dismissal: ① outflow of audit data, ② Violation of the duty to prepare an audit record, ③ request for disciplinary action against an unauthorized officer or employee, ④ request for audit by a superior agency, ⑤ Loss of reliance between the auditor and the employee, and 6 other audit

C. On November 1, 2017, the Plaintiff sent printed matter (Evidence A No. 14-1, hereinafter “instant printed matter”) that he/she was unfairly dismissed from his/her audit, and the key contents are as indicated in Attached Table 1.

On November 9, 2017, the Plaintiff filed a complaint with the Gwangju District Public Prosecutor's Office on November 9, 2017 due to occupational breach of trust, etc.

(H) On March 16, 2018, in the instant accusation case, he/she was subject to a disposition of non-performance of evidence and dismissal. (E)

On December 28, 2017, the Defendant made a resolution to dismiss the Plaintiff from a member of the Plaintiff (hereinafter “instant resolution”) on the grounds that the act of distributing printed articles in this case constitutes the following grounds for expulsion (hereinafter “instant resolution”).

(B) No. 12). The reason for expulsion: (i) the dissemination of false information; (ii) the interference with the business of the Defendant; (iii) the violation of C law; defamation against the Defendant’s executives and employees; and (iv) the violation of the Personal Information Protection Act; (iii) the violation of occupational embezzlement; (iii) the concealment of audit data; and (iv) the outflow of external data

F. The C law and articles of incorporation related to the instant case are as stated in the attached Table 3’s relevant statutes and articles of incorporation.

[Reasons for Recognition] There is no dispute;

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