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(영문) 대구지방법원김천지원 2015.11.27 2015가합15804
면직처분 무효확인
Text

1. The plaintiff's lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant, as an organization of persons of distinguished services to national defense, is a corporation established for the purpose of enhancing the members’ mutual aid and self-support ability, and the Plaintiff, as a member of the Defendant, was appointed as the branch president by the Defendant’s branch director B (hereinafter “branch director”) C on June 24, 2013, and performed duties as the Defendant’s member.

B. However, following the resignation of the head of Section B on April 30, 2015, E was appointed as the head of the new sub-chapter B on August 26, 2015, and the heads of each Si/Gun/Gu sub-chapter B, including the Plaintiff, submitted a resignation notice on September 2, 2015.

C. On September 21, 2015, the defendant Eul's chapter Eul accepted the plaintiff's resignation, notified the plaintiff on September 21, 2015 that "the plaintiff was dismissed from the branch chairperson of D on September 21, 2015," and "the dismissal of this case" is "the dismissal of this case."

(2) The Seoul Special Metropolitan City, Metropolitan Cities and Dos (hereinafter referred to as the “City/Do”) shall have its headquarters, chapters, sub-chapters or special sub-chapters in its articles of incorporation.

(1) The Council shall have the following officers: (1) A City/Do may have one chapter by combining the City/Do as necessary.

1. One chairperson, and one chairperson;

2. Two vice-chairpersons;

3. Ten or less directors;

4. Two auditors. (2) One secretary general who is an appointed executive.

Article 26 (Chief of Branch Office, etc.) (1) One head of a branch office and the following employees shall be employed in the branch office:

1. The term of office of the secretary general and several staff members. (2) The term of office of the director general shall be four years, and the term of office of the director general shall expire at the expiration of five days from the beginning date of the term of office of the director general, and may be renewed

Provided, That this shall not apply where the term of office of the head of a chapter who is appointed to fill a vacancy is less than two years.

(3) The term of office of the successor upon the vacancy of the head of a chapter shall be the remainder of his predecessor.

Article 27 (Appointment of Heads of Branch Offices, etc.) (1) The Chairperson of the Branch Office shall appoint.

Article 31 (Sub-chapters, etc.) (1) Each sub-chapter or special sub-chapters shall have one chairperson.

(2) The term of office of the president of a branch shall be four years, and five days from the commencement date of the term of office of the head of a new branch.

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