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(영문) 창원지방법원 2020.01.16 2019가합53665
지회장지위확인의 소
Text

1. It is confirmed that the Plaintiff is the president of the subdivision of the subdivision.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. According to Article 46 of the D Business Act, the Defendant is an incorporated association established with the aim of developing and distributing expertise and skills related to D and promoting the protection of the rights and interests of D agency and the promotion of welfare in accordance with Article 46 of the D Business Act, and is the E Association (hereinafter “E Association”).

F Association, which is an affiliate of the defendant, and C Branch Association (hereinafter referred to as the "C Branch Association").

(2) The Plaintiff is a member of the Association, who was elected in the election of the president of the subdivision of the C branch (hereinafter “instant election”), which was enforced February 13, 2019, as a member of the C branch, as a member of the Association.

B. On January 3, 2019, the 1 C Branch Election Commission held the first election commission on January 3, 2019 to decide to implement the instant election on February 13, 2019, and the Defendant’s election regulations applicable to the election shall apply mutatis mutandis to the Defendant’s election regulations. Of the Defendant’s election regulations, the provision “as of December 31, 2018, granting the right to vote and to be elected only to those who fulfill their obligation to pay membership fees for at least three consecutive years each year by the year immediately preceding the year in which the election is held” as of December 31, 2018, Article 4(1)1 of the E Association or C Branch Election Commission shall be changed to “a person who paid annual membership fees for three years from 2016 to 2018, or a person who paid annual membership fees for three years from 2019 to 2019.”

2. G and the Plaintiff were candidates for the instant election, and the Plaintiff was not eligible for election rights and eligibility under Article 4(1)1 of the Defendant’s Election Regulations as a person who paid the annual fee for three years from 2016 to 2018 in lump sum. However, the C Branch Election Commission held the second election commission meeting on January 24, 2019 to revise the Defendant’s election regulations and applied them accordingly. However, the C Branch Election Commission decided that all G and the Plaintiff were eligible for election rights as the principal of the branch.

(c)in this case;

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