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(영문) 창원지방법원 2018.04.26 2017가합52965
운영위원회결의무효등
Text

1. Articles 2(3) and 9(1) of the Election Management Regulations among the resolution of the Steering Committee on November 24, 2016 by Defendant C’s stores.

Reasons

1. Basic facts

A. The Plaintiffs are shop occupants of C shopping malls located in the window D of Changwon-si (hereinafter “instant shopping mall”). Defendant C shopping mall is a non-corporate group composed of shop occupants of the instant shopping mall for the management and operation of the instant shopping mall. Defendant C shopping mall is a supervisory organization for important matters consisting of representatives of each floor of the instant shopping mall, interest, and management office.

B. On November 24, 2016, Defendant C had a steering committee hold a resolution to amend the regulations on the election management of the instant commercial building as indicated in the following table.

Article 2 (Election Commission Regulations) of the Election Management Regulations after Amendment to the Election Management Regulations before the amendment.

2. The preference shall be comprised of five members, including one chairperson, and the auditor of the extended person shall be the chairperson, and where it is inevitable, another auditor shall be appointed and the operating committee shall be determined by the chairperson.

Provided, That each candidate shall not be the chairperson or a member.

Article 2 (Election Commission)

2. The election commission shall be composed of three persons, including a chairperson;

3. The chief executive officer may appoint an auditor or an attorney-at-law as the chief executive officer by a resolution of the Management and Operation Committee.

Where an attorney-at-law is commissioned as the chairperson of the Committee, he/she shall be commissioned as the chairperson of the Committee from among attorneys-at-law belonging to the Committee of the Gyeonggi-do Bar Association.

Provided, That each candidate shall not be a chairperson of the election management committee or a senior executive member.

Article 8 (Qualification for Admission)

2. A person in whose case two years have passed since his/her imprisonment without labor or greater punishment was completely imposed;

Article 8 (Qualification for Admission)

1. A person who has been sentenced to imprisonment without prison labor or heavier punishment (including a suspended sentence of imprisonment) shall be sentenced to imprisonment without prison labor or more years after the expiration of the sentence;

(i) Where the tenant of a commercial building commits a criminal offense that is a victim, a person in whose case five years have passed since the punishment became final and conclusive (Provided, That this shall not apply to candidates for management and operation members);

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