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(영문) 창원지방법원진주지원 2016.07.20 2015가합11741
조합원지위확인 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a local agricultural cooperative established for the purpose of enhancing the productivity of agriculture of its members, promoting the expansion and facilitation of the distribution of agricultural products produced by its members, and enhancing the economic, social, and cultural status of its members by providing technology, funds, information, etc. required by its members. The plaintiff is a person who was in the position of its members and auditors.

B. On November 24, 2015, the Defendant: (a) held a third interim meeting of the board of representatives (hereinafter “instant general meeting”); (b) dismissed the Plaintiff from the Defendant’s audit and inspection; and (c) held a meeting as an agenda for expulsion from the members; (d) 72 of the 84 representatives present at the meeting regarding the dismissal of the Plaintiff from the audit and inspection; and (e) 65 of the 84 representatives present at the meeting with respect to the expulsion of the members of the association (hereinafter “each of the instant resolutions”). As a result of voting, all of the instant resolutions were passed (hereinafter “each of the instant resolutions”).

Grounds for expulsion of a cooperative member are as follows:

(1) Notice of the reason for non-prosecution of the accusation case No. 201-type 7799 at the Changwon District Prosecutors' Office (2) The Ministry of Agriculture, Food and Rural Affairs, the Ministry of Agriculture, and the Ministry of Agriculture, Food and Rural Affairs.

C. The provisions of the Agricultural Cooperatives Act (hereinafter “Agricultural Cooperatives Act”) and the Articles of Incorporation of the Defendant are as follows:

Article 30 (Expulsion) (1) of the Agricultural Cooperatives Act may be expelled through the resolution of the general meeting in any of the following cases:

1. Not using the business of the local agricultural cooperative for at least one year;

2. If the person does not perform his/her duties to pay contributions or expenses, or to pay other local agricultural cooperatives;

3. Where the agricultural cooperative commits an act prohibited by its articles of incorporation.

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