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(영문) 울산지방법원 2015.04.29 2014가합4664
제명결의 무효확인
Text

1. We affirm that the Defendant’s resolution of expulsion of the Emergency Officers’ Meeting on February 24, 2014 against the Plaintiff is null and void.

2...

Reasons

1. Basic facts (the fact that there is no dispute) are an unincorporated association aimed at supporting the business of the Saemaul Women’s Association and promoting the Saemaul Movement of Women, and the Plaintiff is the president from 2010 to 2013. The Plaintiff is the president of the Defendant and used KRW 5 million out of the Defendant’s membership fees to subscribe to the Agricultural Life (TF) Savings Mutual Aid (TF) Savings (hereinafter “instant insurance”).

Around 19:00 on February 24, 2014, the Defendant held an emergency executive meeting at a D restaurant located in Ulsan-gu Seoul, Ulsan-gu, a resolution to deprive the Plaintiff of the Plaintiff’s advisory and qualification for membership (hereinafter “instant resolution”) on the ground that: (a) 24 executive officers were present at the meeting; and (b) 500,000 won of public funds were embezzled.

2. According to the defendant's rules, which had been enforced at the time of the resolution of the plaintiff's assertion, there is no provision on the grounds for and procedures for expulsion of members.

In addition to the above rules, even if the amendment to the rules takes effect, the board of directors shall notify the members of the meeting in writing or by wire at least two days prior to the date of application. The resolution in this case did not comply with the prior notice procedure.

Therefore, the resolution of this case is null and void due to procedural defects.

Even if there is no defect in the resolution procedure of this case, the Plaintiff merely purchased the instant insurance to keep at a high interest rate of five million won, and thus does not constitute embezzlement.

3. Determination

A. (1) Whether there is procedural defect in the resolution of this case ; (2) the decision-making process of the non-corporate association for the expulsion of its members in the non-corporate association shall be governed by the rules of the association; and (2) the decision-making process of the non-corporate association may be conducted through the resolution of the general meeting in accordance with the general principles of law, unless otherwise provided by the rules of the association. (3) The plaintiff of the rules of the association, which applied to the resolution of this case, has been enforced since November 26, 1985 (Evidence 3-1, 2).

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