Text
The appeal of this case is dismissed.
at the first instance, the representative of the plaintiff
Action shall be brought on the ground of the deficiency in the referred E power of representation.
Reasons
The reasoning of the judgment of the court of first instance is as follows, except for the rejection or addition of the corresponding part of the judgment of the court of first instance, and thus, the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, this is accepted by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act
[Supplementary or additional parts] 4 5 to 6 【The plaintiff appealed and is pending in the appellate court.”
“The Plaintiff appealed, but the appellate court rendered a judgment dismissing the appeal on November 20, 2020 (Seoul High Court 2020Na202385), and this judgment became final and conclusive.
“Aro-friendly”.
4 - - - - - - - “13” shall be added to “10” next.
The parts of paragraphs 7-8 and 4 are as follows:
B) Whether the public announcement of convening a general meeting and the holding of a general meeting are necessary (1) Article 17(1)2 of the Plaintiff’s Rules lists the matters concerning “non-Confidence of executive officers” as one of the functions of the general meeting, along with “election and resignation of executive officers.” Article 17(2) of the same Act provides that most of the functions of the general meeting may be substituted by the representatives’ meeting. However, “matters concerning the election of the chairperson” (Article 17(2)2 proviso), “other important matters” (Article 17(3) of the same Act, etc. must necessarily undergo a resolution by the entire members.
“The proviso provides for the proviso.”
In that sense, “non-Confidence” with respect to the chairperson and the secretary general is deemed to have the same importance as the matters concerning “election” with respect to the chairperson and the secretary general. Thus, it shall be deemed to fall under “other important matters” under Article 17(2) proviso 3 of the Code. Thus, it must necessarily undergo a “resolution by all union members.”
In addition, the phrase “resolution by all union members” does not necessarily mean that the assembly convened at a specified time and place is premised on a general meeting, and Article 17(2) proviso 2 of the Rules of the Plaintiff also states “matters concerning the election of the chairperson” among the functions of the general meeting.