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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Determination on the legitimacy of a lawsuit
A. The gist of the parties’ assertion was that the plaintiff dismissed the plaintiff who is the president of the partnership at the special meeting of June 11, 2016 of the defendant, and that there was a resolution to appoint C as the acting president. However, the above resolution was invalid because it did not satisfy the intention and the quorum. As to this, the defendant was sentenced to a suspended sentence of two years in prison in the case No. 2016Gadan2379, Busan District Court, the plaintiff was sentenced to a suspended sentence of two years in October. The plaintiff lost the qualification as an officer of the defendant partnership. The plaintiff was dismissed after the above judgment became final and conclusive, and even C, who was appointed as the acting president of the defendant partnership, resigned
B. Although a lawsuit for confirmation of judgment is permitted to eliminate risks or apprehensions in relation to the current rights or legal status, if it is recognized that the current rights or legal status has been affected even in the past legal relations, and that the confirmation of the legal relations is valid and appropriate means to eliminate risks or apprehensions in the present rights or legal status, there is benefit in confirmation.
(2) Article 14(1)4 of the articles of incorporation of the Defendant Union provides that a person who was sentenced to imprisonment without prison labor or a heavier punishment and for whom two years have not passed since the expiration of the suspension period shall not be appointed as an executive officer of the union, and Article 14(2) of the same Act provides that an executive officer who was sentenced to a fine or a heavier punishment for a criminal case related to his/her duties shall lose his/her qualification as an executive officer from the date of the appointment, and the Plaintiff shall serve as the head of the Defendant Union from the Busan District Court on February 23, 2017 to June 21, 2012.