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(영문) 창원지방법원진주지원 2016.11.30 2016가합311
당선무효확인
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 March 7, 2016, the Defendant’s election commission announced the Defendant’s first election for the head of the Defendant’s branch (hereinafter “the instant first election”) in 2016, and registered as a candidate upon filing an application for each candidate registration with respect to the instant first election by D and E, but the instant first election was no longer made on the wind that the said candidate registration becomes null and void, and for the foregoing reason, the Defendant issued the instant reelection.

B. However, the Defendant: (a) selected representatives who represent the members in order to prevent the instant reelection from being absent due to the absence of its members and sought to hold the instant reelection; and (b) notified the Korea-U.S. Association of the fact that, on April 14, 2016, the Korea-U.S. Council of the 326th Council (the board of directors, May 12, 2016), through the Korea-U.S. Do branch, asked questions as to whether the general meeting for the instant reelection can be substituted by the representative general meeting; and (c) the Korea-U.S. Association of the fact that, on May 17, 2016, through the Korea-U.S. Do branch conference of the Association, through the Korea-U.S. Council of the Republic of Korea-U.S. Articles of Incorporation (Article 30(4) and branch associations, the establishment of branch offices, and Article 22 subparag. 4 of the Operating Rules, notified the Defendant of the written resolution.

C. On May 20, 2016, the Defendant, upon receipt of the above document, announced that an ordinary general meeting for representatives should be held at the Defendant’s office of education on June 10, 2016 at the Defendant’s office of education on June 13:00.

On May 20, 2016, the Defendant’s election commission publicly announced the instant reelection. The said public announcement was written as of June 10, 2016; the candidate registration period was from May 27, 2016 to May 28, 2016; and the Defendant’s election commission was written as of May 24, 2016 by the auditor belonging to the Korea-U.S. Supreme Court Gyeongnam-do branch, Inc., a corporate association, from among the Defendant’s members.

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