(영문) 대구지방법원 2016.06.23 2015가합3901

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(영문) 대구지방법원 2016.06.23 2015가합3901

이사장지위 부존재확인

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1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant Cooperative is a transport business partnership composed of persons who obtained a private taxi business license in A and established for the purpose of promoting the development of private taxi transport business and the common interests of its members. Plaintiffs 1 through 12 are the representatives of the Defendant Union; Plaintiffs 13 are the auditors of the Defendant Union; Plaintiff 14 are the vice presidents of the Defendant Union; Plaintiff 15 through 24 are the general members of the Defendant Union; and Plaintiff 15 through 24 are the presidents of the Defendant Union; and the heads of the branch offices of the Korea Private taxi Transport Business Federation (hereinafter “the instant Federation”).

B. B was sentenced to a suspended sentence of two years, community service, 80 hours, a surcharge of ten million won, on October 14, 2014 (Seoul Northern District Court Decision 2014Da1318, Seoul Northern District Court Decision 2014No1318, Jun. 24, 2015) on the grounds that “the Defendant received an illegal solicitation from C in the election of the head of the National Federation of Private Taxis, and embezzled KRW 39 million (Supreme Court Decision 2015Do2980, Jun. 24, 2015)” and B appealed against the foregoing (Seoul Northern District Court Decision 2014No1318, Jun. 24, 2015).

C. B, in the capacity of the president of the Defendant Union, has been in charge of operating members of the steering committee of the instant federation, but the instant federation was in charge of B on June 24, 2015.

Upon conviction, B was dismissed from the above operating committee. D.

Article 27(4) of the Articles of Incorporation of the Defendant Union (hereinafter “instant Articles of Incorporation”) provides that “A person who was sentenced to a fine of not less than one million won due to the misappropriation of public funds, embezzlement of public funds, and taking in breach of trust in connection with the business of the Union shall be restricted to qualification unless ten years have passed since the date on which the execution of the punishment was completed.” Article 8(5) of the Articles of Incorporation provides that “An officer or representative may be non-Confidence.”

In such cases, a vote shall be cast with a signature of no-Confidence of at least 1/2 of all members.

참조판례

-대법원 1996. 2. 27. 선고 95도2980 판결

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