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(영문) 서울남부지방법원 2019.09.10 2018가합115420
이사회결의무효확인의 소
Text

1. The board of directors held on July 17, 2018, which held by the Defendant, decides to dismiss the Plaintiff from the Defendant’s member.

Reasons

1. Basic facts

A. The defendant is an incorporated association with the purpose of managing music works and approving the use thereof, and the plaintiff was admitted as a member of the defendant around October 13, 1987.

B. On April 10, 2018, the Plaintiff complained of C and members D of the Defendant’s representative as the Defendant’s representative under suspicion of the preparation of qualification-based private documents and the display of qualification-based private documents.

C. C and D confirmed the Defendant’s internal document attached to the accusation after being examined by the Seoul Gangseo Police Station.

On May 28, 2018 and June 8, 2018, the Defendant sent content-certified mail to the applicant, stating that “the grounds for holding said documents” should be explained.

On June 15, 2018, the Defendant notified the Plaintiff of the disciplinary action against the applicant on the agenda of the board of directors. D.

On June 18, 2018, the Plaintiff sent a content-certified mail to the Defendant regarding the response to the source, etc. of evidentiary materials for complaint.

On June 20, 2018, the Defendant convened a meeting of the board of directors, and the said meeting of the board of directors decided to refer the Plaintiff to the disciplinary action on the ground that “The documents and materials which the Association has properly demanded are rejected or failed to submit without justifiable grounds.

On July 5, 2018, the Plaintiff submitted to the Defendant a petition to the effect that it is unreasonable to present a disciplinary bill to the board of directors.

E. On July 17, 2018, the defendant board of directors held 18, 19 members of the board of directors, 19 members of the board of directors, 18 members of the board of directors, were present, decided to punish the plaintiff with the unanimous consent of all members present, the result of voting 9 marks, 7 marks, and reprimand 2 marks on disciplinary action, and the plaintiff disclosed internal documents containing confidential information of the Association (the defendant) without permission pursuant to Article 8 (1) 9 of the Rules on the Disciplinary Action of Members. There are a large number of official seals of the Association of the pertinent documents, and the member disciplinary action and legal measure are taken when failing to comply with the request for explanation.

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