[1] Whether descendants who share the same family name and the same family origin of a common vessel naturally become members of a clan when they become majority without distinction of gender (affirmative) and the grounds therefor

[2] The validity of a resolution of the clan general meeting, which lacks a notification for convening a clan general meeting and some members of the clan (negative)

[3] The case holding that all resolutions made at the special meeting of a clan held without convening a notification to the adult women who are registered as members of the clan on the clans shall be null and void

[4] Whether a clan may take a disposition that infringes on the essential rights of the clan members' unique and basic rights (negative)

[5] The case holding that a resolution of the extraordinary clan general meeting is null and void, where the clan rules are amended to limit the qualification of the clan members and the voting rights of the clan members, and the compensation for the accommodation of the clans is lent only to the male clan members

[1] Since a clan is a naturally created clan group composed of members for the purpose of protecting the graves of a common ancestor and promoting friendship among its members, it is reasonable to view that the descendants who share the same clan with the common ancestor and its surname naturally become a member of the clan when they become adult without distinction of gender, in light of the purpose and essence of the clan.

[2] Unless special circumstances exist, a clan general meeting shall provide each person with an opportunity to participate in meetings, discussions, and resolutions by individually informing all the clan members of their whereabouts who are clearly residing in the Republic of Korea after determining the scope of the clan members subject to notification of convening the meeting, unless there is a special reason to the contrary. There is no resolution of the clan general meeting held without a notification of convening the meeting, but the method of convening the meeting shall not be necessarily required in writing directly, but it shall be done orally or by telephone, and it shall be done only through other clan members or by telephone.

[3] The case holding that all resolutions made at the special meeting of a clan held without convening a notification to the adult women who are registered as members of the clan on the clans shall be null and void.

[4] It is not allowed that a clan violates its unique and basic rights, in light of the nature and legal nature of the clan.

[5] The case holding that a resolution of the extraordinary clan general meeting shall be null and void, where the clan rules are amended to limit the qualification of the clan members and the voting rights of the clan members, and the compensation for the accommodation of the clans is to be lent only to the male clan members

[1] Articles 1, 31, and 106 of the Civil Act / [2] Articles 31 and 71 of the Civil Act / [3] Articles 31 and 71 of the Civil Act / [4] Articles 31, 73, and 276 of the Civil Act / [5] Articles 31, 73, and 276 of the Civil Act

[1] Supreme Court en banc Decision 2002Da1178 Decided July 21, 2005 (Gong2005Ha, 1326) / [2] Supreme Court Decision 86Meu2654 Decided June 23, 1987 (Gong1987, 1224) Supreme Court Decision 95Da4986 Decided February 28, 1997 (Gong1997Sang, 893), Supreme Court Decision 99Da20155 Decided February 25, 200 (Gong200Sang, 809), Supreme Court Decision 200Da17582 Decided July 6, 200 (Gong200Ha, 200Ha, 1868), Supreme Court Decision 200Da2646479 Decided 209 decided Jun. 26, 2009)

Plaintiff

Defendant clan (Attorney Cho Sung-sik, Counsel for defendant-appellant)

Daejeon High Court Decision 2006Na8847 decided May 2, 2007

The appeal is dismissed. The costs of appeal are assessed against the defendant.

1. A clan is a naturally created clan group composed of members for the purpose of protecting the graves of a common ancestor and promoting friendship among its members, etc. Therefore, in light of the above purpose and essence of the clan, it is reasonable to view that the descendants who share the same clan with the common ancestor and its surname naturally become its members when they reach majority without distinction of gender (see Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005, etc.). Meanwhile, the clan general meeting, barring special circumstances, shall determine the scope of the clan members who are notified by the clan, and shall individually notify all the members of the clan who reside in the Republic of Korea and are able to participate in meetings, discussions, and resolutions by individually giving them an opportunity to participate in the meeting, discussion, and resolution. Although there is no resolution of the clan general meeting without a notification for convening a clan, the method of convening a clan general meeting shall not be necessarily required in writing directly, but it shall be done orally or by telephone, and it shall also be done by another clan or by a householder (see Supreme Court Decision 297Da297, Feb. 29, 29, etc.

The court below determined that since the plaintiff (appointed party) and the designated parties (hereinafter "Plaintiffs") hold each extraordinary general meeting as of November 21, 2005 and December 18, 2005 without giving notice to the plaintiffs, the resolution of the above extraordinary general meeting of the defendant clan is null and void, since they are the adult women who are descendants of the 22-year-old ancestor cambling that they are the descendants of the cambling and the cambity, and they naturally have the status of the clan members of the defendant clan consisting of descendants of the above cambling and the cambity and the cambity.

In light of the above legal principles and records, the fact-finding and decision of the court below is justified, and there is no violation of the rules of evidence or misapprehension of the legal principles as to convening a clan general meeting.

On the other hand, if a clan has a provision that it shall hold an ordinary general meeting on the date and time limit each year in its rules, it is not necessary to give a notice for convening an ordinary general meeting (see Supreme Court Decision 97Da4104, Nov. 27, 1998, etc.). However, according to the records, the rules of the defendant clan only provide that the general meeting shall be held on the date of October 8, 1998, and there is no provision that the general meeting shall be held on a certain date each year, and each extraordinary general meeting of the defendant clan of this case as of November 21, 2005 and December 18, 2005 cannot be accepted because the defendant clan of this case did not separately hold a notice for convening an extraordinary general meeting after the expiration of October 8, 2005 (see Supreme Court Decision 97Da4104, Nov. 9, 2005).

2. A disposition that infringes on the essential and fundamental rights of a clan member is not allowed in light of the nature and legal nature of the clan (see Supreme Court Decision 2004Da47024 delivered on October 26, 2006, etc.).

The court below, after compiling the adopted evidence, found the facts as stated in the judgment, and determined that the amendment of the rules of the defendant clan by a resolution at the extraordinary general meeting of November 21, 2005 to the effect that "the defendant clan shall be a quasi-member only if the female clan himself wishes to be a member of the clan, and the assistant member shall not be admitted to have his voting rights at the general meeting," and that "by a resolution at the extraordinary general meeting of December 18, 2005, the method of disposal of the compensation for expropriation of real estate owned by the defendant clans shall be set up and "for 69 members of the male clan, only 40 million won shall be lent for each member of the male clans," is a disposition made under the premise that the qualification itself as a member of the female clans is denied, and thus, it is null and void since the amendment violated the unique and fundamental rights of the plaintiffs as a member of the clans.

In light of the above legal principles and records, the fact-finding and judgment of the court below are just and acceptable, and there is no violation of the rules of evidence or misapprehension of the legal principles as to the validity of the resolution of the general meeting of clans.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Ji-hyung (Presiding Justice)