(영문) 서울중앙지방법원 2016.06.02 2016가합1903

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(영문) 서울중앙지방법원 2016.06.02 2016가합1903

징계무효확인

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1. We affirm that the Defendant’s disciplinary decision against the Plaintiff on December 14, 2015 is invalid.

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

Reasons

1. Basic facts

A. 1) The Defendant is an incorporated association C (hereinafter “C”) with the aim of contributing to the development of society, such as enhancing the rights and interests of the aged, promoting their welfare, and volunteer activities.

2) The Plaintiff is a branch of D Branch (hereinafter “instant sub-branch”) which is a local organization of C, and is a non-corporate body consisting of members residing in Seoul Special Metropolitan City among C members.

The branch of this case is a non-corporate body comprised of members residing in Seoul Special Metropolitan City D among C members.

B. On September 201, 201, E, the former Chairperson of the instant branch, resigned from office, and the election commission of the instant branch, decided to hold an extraordinary general meeting on November 10, 201 for the election of the president, and publicly announced on October 31, 201 for the election of the president. On November 4, 2011, the Plaintiff submitted an application for registration of the candidate to the above election commission. However, the election commission rejected the Plaintiff’s application for registration of the candidate on the ground that the Plaintiff did not meet the qualification as the standing member and candidate for the instant branch. After that, the election commission, on November 5, 201, notified the Plaintiff of the registration of the candidate with the content that the F was registered as a candidate for the instant branch’s candidate for the election of the president on its own on its own, and the F was elected from the election management regulations amended on November 19, 2011.

Article 16 (Registration of Candidates) (1) Members intending to run a candidate shall be the committee (hereinafter referred to as the committee) with the following documents within five days from the date of public notice of the decision:

1. An application for candidate registration (a copy of a photograph attached thereto);

2. Not more than one resume. (3) The Committee shall have the application for registration as referred to in paragraph (1).

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