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(영문) 인천지방법원 2014.11.14 2014가합55341
조합원제명처분 무효확인
Text

1. On June 14, 2014, the Defendant’s expulsion disposition against the Plaintiffs is invalid.

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

Reasons

Basic Facts

A. The defendant is a corporation established under the Passenger Transport Service Act to promote the welfare and protect the rights and interests of private taxi transport business operators of Incheon Metropolitan City, and the plaintiffs are members of the defendant association.

B. From June 9, 2014 to June 14, 2014, the Defendant held a general meeting of the Defendant’s association (hereinafter “instant general meeting”) and made a resolution on expulsion against the Plaintiffs (hereinafter “instant resolution”). Based on the instant resolution, the Defendant issued a expulsion disposition against the Plaintiffs on June 14, 2014 (hereinafter “instant expulsion disposition”).

C. The Plaintiffs filed an application against the Defendant for a provisional disposition for the preservation of status with the Incheon District Court 2014Kahap10230, and the said court accepted the application for provisional disposition on September 16, 2014, and rendered a decision that “the Plaintiff shall temporarily determine that the Defendant is in the position of a partner until the final and conclusive judgment on the merits of the lawsuit seeking confirmation of invalidity of the disposition for the expulsion of union members (No. 2014Gahap55341).”

(1) Passenger transport service providers may establish an association (hereinafter referred to as the "association") with authorization from the relevant Mayor/Do Governor for the purpose of sound development of passenger transport service and improvement of their status, such as the articles of association of the relevant defendant association.

(2) A cooperative shall be a corporation.

(3) A cooperative shall be established upon registration at the seat of its principal office.

(4) In order to establish an association, it shall prepare its articles of association, promoted by not less than a fifth of those who are eligible to be members of the association and with the consent of not less than a half of those who are eligible to be members of the association at its inaugural general meeting, and apply

(5) Passenger transport service providers may join an association, as determined by the articles of association.

(6) Except as otherwise provided for in this Act, the provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to unions.

Article 71 of the Civil Code.

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