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(영문) 서울중앙지방법원 2020.07.24 2018가합553033
직무정지조치 무효확인의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 1, 2016, the Plaintiff was appointed as the president of the D Association located in Seo-gu Incheon, Seo-gu.

The defendant is a non-profit corporation established under the F Act to guide and supervise the affairs of the E Association and to promote the enhancement of common interest and continuous development.

B. The instant disciplinary action ① impairing the honor of the E Union and causing significant social problems (violation of the duty of good faith) ② The personnel appointment order of the E Union was inappropriate.

The summary of the grounds for reprimand presented by the defendant is as follows:

(hereinafter referred to as “each of the instant grounds for disciplinary action.” The individual grounds for disciplinary action refers to “(i) to (ii) the grounds for the disciplinary action.”

Article 25 (Duty of Good Faith and Responsibility of Officers) (1) of the relevant Regulations (former FF Act) (1) The executives of the E Union shall observe this Act and orders under this Act, the articles of incorporation and regulations, and the resolutions of the General Assembly and the Board of Directors, and shall perform their duties in good faith for E Union.

Article 74-2 (Administrative Disposition against Executive Officers and Employees) (1) The competent Minister may have the E Union or B organization take the following measures against the executive officers and employees concerned when the executive officers and employees of the E Union or B organization fail to comply with this Act or an order under this Act or with the procedures or duties prescribed by the articles of association:

1. Article 74-3 (Administrative Dispositions against E Association, etc.) (1) The competent Minister shall have this Act or the E Association or the B Association;

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