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(영문) 대전지방법원 2020.07.08 2019가합101605
선거무효확인 등의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant, as a cooperative established under the Small and Medium Enterprise Cooperatives Act, publicly announced the election chief director in January 25, 2019 (hereinafter “instant election”) (hereinafter “instant election”).

B. On February 1, 2019, the Plaintiff intended to submit a written application for registration of a candidate for the instant election, but the registration was refused on the ground that the Plaintiff was not a candidate for the chief director.

C. On February 7, 2019, the Defendant publicly announced that C was registered as a sole candidate for the instant election, and C was elected as the president at the ordinary general meeting of the Defendant on February 15, 2019.

The Small and Medium Enterprise Cooperatives, the Articles of incorporation, and the executive election regulations concerning this case shall be as follows:

The purpose of this Act is to provide for the matters concerning the establishment, operation and fostering of cooperative organizations, through which small and medium enterprise owners consolidate and promote cooperative projects, with the aim of providing equal economic opportunities to small and medium enterprise owners and encouraging their independent economic activities, thereby enhancing economic status of small and medium enterprise owners and promoting the balanced development of the national economy.

Article 19 (Right to Vote and Election) (1) Members shall have one vote and suffrage respectively.

Provided, That the right to vote may be exercised only by a person who is a member of the relevant union from six months before the end of the term of office of an executive officer or representative (in cases of a special election, etc., the day on which the reason for holding the election

(3) A cooperative may restrict its members' voting rights on a resolution or election, as stipulated by its articles of association.

Article 29 (Descriptions of Articles of Incorporation) (1) The following matters shall be stated in the articles of incorporation of a cooperative:

8. The fixed number of executives and their selection. Article 30 (Matters to be Stated in Regulations or Regulations) (2) The following matters may be prescribed by regulations, except as otherwise provided for in the articles of incorporation:

4. Matters concerning executives;

5. Other necessary matters, which fall under any of the following subparagraphs:

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