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(영문) 수원지방법원성남지원 2016.04.21 2015가합205082
종중회장선임결의 무효확인
Text

1. A resolution that the Defendant appointed G as the Defendant’s president at the general meeting of the representatives of March 29, 2015 is null and void.

Reasons

1. Facts of recognition;

A. The defendant is a clan consisting of the descendants of H 13 years of age I, and the plaintiffs are the members of the defendant's clan.

B. The part of the Defendant’s bylaws pertaining to the instant case is as follows.

Article 6 (Rights) Members of the plenary session shall have the right to participate in the operation of the plenary session through the board of directors, the general meeting, etc., as prescribed by the regulations of the plenary session.

Chapter 3. Officers of the Association (Composition) The following officers shall be assigned to the Board:

Article 11 (Election) (2) The Chairperson of the plenary session shall be elected at the general meeting by means of a secret vote of representatives according to general practices.

(3) In cases of vice-chairpersons and directors, the newly elected general meeting shall nominate a screening member representing each region, convene a separate meeting and notify representatives thereof.

Provided, That in principle, volunteer grandchildren shall be elected as ex officio directors, except in extenuating circumstances, and directors shall be elected from among representatives.

(4) The auditors shall be elected at a general meeting as one of J and K descendants, except in extenuating circumstances.

Where it is necessary, each clan may be elected upon the recommendation of its members in advance.

(5) The executive director shall be appointed upon recommendation by the chairperson and an executive director in charge of finance shall be appointed by the board of directors who is newly appointed as an executive director.

Article 12 (Term of Office) The term of office of officers of the main time shall be three years, and they may be reappointed.

Where a vacancy occurs in the office of an executive, the board of directors may be elected at the meeting, and the term of office of a newly appointed executive shall be the remainder of the predecessor's term

Article 13 (Composition) (1) The general meeting of Chapter IV shall be comprised of representatives, and the representatives shall be deliberated on by the board of directors in consideration of the distribution of population with the recommendation of each area or the descendants clan.

(2) The number of representatives shall not exceed 50 persons, including officers (excluding advisers).

(3) The term of office of representatives shall be three years and may be renewed consecutively.

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