(영문) 울산지방법원 2014.10.15 2013가합8546

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(영문) 울산지방법원 2014.10.15 2013가합8546

제명처분무효확인

Text

1. On December 30, 1999, the defendant confirmed that a expulsion against the plaintiff on December 30, 199 is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The defendant is a fishing village fraternity comprised of fishermen residing in the Ulsan-gun C members of the Ulsan-gun, Ulsan-gun, and the plaintiff was the fishery village fraternity member of the defendant pursuant to Article 15 of the Fisheries Cooperatives Act.

B. On December 30, 199, the Defendant held a general meeting (hereinafter “instant general meeting”) and resolved on the expulsion of the Plaintiff, and issued an expulsion disposition against the Plaintiff (hereinafter “instant expulsion disposition”).

(1) The articles of incorporation of a fishing village fraternity shall include the following matters:

6. Matters concerning the joining, withdrawal and expulsion of the members of a fishing village fraternity (2) Where a member of the fishing village fraternity falls under any of the following cases, an expulsion may be made by resolution at a general meeting:

Provided, That the reason for expulsion shall be notified to the member 10 days prior to the date of the general meeting, and an opportunity to defend himself at the general meeting shall be given.

1. Where he fails to use the business of the fraternity without any justifiable reason for not less than one year.

Article 33 (Resolution by General Meeting) (1) The following matters shall be subject to resolution by the general meeting:

2. Except as otherwise provided in Acts and subordinate statutes or the articles of incorporation, a general meeting shall be held with the attendance of a majority of the members present, and pass a decision with the consent of a majority of the members present; and

Provided, That the matters provided for in Article 33 (1) 1, 2 and 8 shall be decided with the attendance of not less than 2/3 of the members and with the consent of not less than 2/3 of the members present.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 through 9 (including each number; hereinafter the same shall apply), witness D's testimony, and the purport of whole pleadings

2. The parties' assertion

A. (1) According to the Defendant’s articles of incorporation, a general meeting is held to dismiss the Plaintiff.

참조조문

-수산업협동조합법 제15조

-수산업협동조합법 시행령 제5조

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