[1] In a case where fishermen belonging to the previous fishing village fraternity established a new fishing village fraternity after the dissolution of the previous fishing village fraternity, whether the members of the previous fishing village fraternity residing in the pertinent fishing village fraternity naturally acquire the status of the members of the newly established fishing village fraternity (negative)

[2] The requirements for applying for a new entry into a fishing village fraternity and acquiring the status of a fishing village fraternity member

[3] Where the articles of incorporation of a fishing village fraternity provide that an applicant for membership in the fishing village fraternity obtains the qualification of a member of the fraternity, whether entry in the register of members of the fraternity constitutes a requirement for acquiring the qualification of a member of the fraternity (negative)

[1] A fishing village fraternity is a local government of fishing village residents organized to act as a subordinate organization of a fisheries cooperative under the Fisheries Cooperatives Act. If a fishing village fraternity is divided under Article 18 of the Enforcement Decree of the same Act, barring any special circumstance, the previous members of the fishing village fraternity shall become members of the fraternity established due to the division. However, even though the newly established fishing village fraternity was composed of fishermen who reside in the area where the previous fishing village fraternity was located in the business area of the previous fishing village fraternity, it shall not be deemed that the previous fishing village fraternity is members of the previous fishing village fraternity, and if the newly established fishing village fraternity was established by forming the fishing village fraternity, which is entirely separate from the previous fishing village fraternity, it shall not be deemed that it naturally

[2] Although a new membership in an existing association is different depending on the nature of the organization, it is ordinarily established by the application of the applicant for membership and the consent of the association regardless of the existence of a legal personality, and the consent shall be made by the association decision-making body. In addition, a member of a fishing village fraternity is not forced to join the fishing village fraternity, and the member of a fishing village fraternity has the right to use and profit from the property belonging to his collective ownership in accordance with the articles of association or other regulations, while he is obliged to bear the duty of investment or the duty of providing labor, etc., it is difficult to view that Article 6 of the Enforcement Decree of the Fisheries Cooperatives Act provides that "a member of a district fisheries association who resides in the district within the district area and has resided in the district area may join the district association immediately acquire the status of the member solely on the application for membership of the district fisheries cooperative. On the other hand, when the head of a fishing village fraternity has received an application for membership, it cannot be deemed that the member of the general meeting has obtained the status of the member, even if he did not obtain the status of the member or consent in writing.

[3] Even if the articles of incorporation provide that an applicant for membership in a fishing village fraternity acquires the qualification of a member of the fraternity by being entered in the register of members of the fraternity, the entry in the register of members of the fraternity is merely an internal procedure for subsequent treatment, and cannot be deemed as an effective requirement for acquiring the qualification of a member of the fraternity.

[1] Articles 16-2, 69, 73, and 74 of the Fisheries Cooperatives Act, Articles 4 and 18 of the Enforcement Decree of the Fisheries Cooperatives Act / [2] Article 16-2 of the Fisheries Cooperatives Act, Article 5 subparag. 6, 6, 7, 8, 8-2, and 10 subparag. 3 of the Enforcement Decree of the Fisheries Cooperatives Act / [3] Article 16-2 of the Fisheries Cooperatives Act

[2] Supreme Court Decision 94Da16250 delivered on September 13, 1994 (Gong1994Ha, 2638)

Plaintiff 1 and four others (Attorney Song Man-chul, Counsel for the plaintiff-appellant)

Yellow Fishing Village (Attorney Choi Jong-hwan, Counsel for the plaintiff-appellant)

Gwangju High Court Decision 97Na2060 delivered on April 10, 1998

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

We examine the grounds of appeal.

1. Summary of the judgment below

According to the reasoning of the judgment below, the court below rejected an application by Defendant 1 to the effect that all of the employees of the 19-year fishing village fraternity were affiliated with the 19-year fishing village fraternity, and that the 19-year fishing village fraternity was affiliated with the 19-year fishing village fraternity, and that all of the employees of the 19-year fishing village fraternity were affiliated with the 19-year fishing village fraternity, and that the 19-year fishing village fraternity was affiliated with the 19-year fishing village fraternity, and that the 19-year fishing village fraternity was affiliated with the 19-year fishing village fraternity, and that the 19-year fishing village fraternity was affiliated with the 19-year fishing village fraternity, and that the 3-year fishing village fraternity was affiliated with the 19-year fishing village fraternity, and that the 1-year fishing village fraternity was affiliated with the 19-year fishing village fraternity, and that the 1-year fishing village fraternity was affiliated with the 1-year fishing village fraternity.

2. Regarding ground of appeal No. 1

In the event that a fishing village fraternity is a local government of the residents of a fishing village that is organized to act as a subordinate organization of a fisheries cooperative under the Fisheries Cooperatives Act and a division is made in accordance with Article 18 of the Enforcement Decree of the same Act, barring any special circumstance, the previous members of the fishing village fraternity shall become the members of the fishing village fraternity established due to the division. However, according to the records, the previous members of the fishing village fraternity is dissolved by a merger with any other two corporations through a resolution of a general meeting, while the defendant of the fishing village fraternity is a member of the fishing village fraternity, even though the members of the fishing village fraternity were members of the fishing village fraternity who were in the business area of the previous members of the fishing village fraternity, even though they were members of the fishing village fraternity, they can be seen to have established the fishing village fraternity which is a non-corporate member of the fishing village fraternity. Therefore, the judgment of the court below is justifiable, and there is no error of law by mistake of facts as to the succession of status of the members of the fishing village fraternity, such as the theory of lawsuit.

3. Regarding ground of appeal No. 2

A new membership into an existing association is ordinarily different depending on the nature of the organization, but its consent is established upon the application of the applicant for membership and the consent of the association, regardless of its existence or absence of legal personality. The fishing village fraternity is not forced to join the association, and the members of the fishing village fraternity are entitled to use and benefit from the property belonging to its collective ownership in accordance with the articles of association or other regulations, while the member of the fishing village fraternity has the right to use and benefit from such property in accordance with its collective ownership, and is also obliged to bear the duty of investment or labor provision. Article 6 of the Enforcement Decree of the Fisheries Cooperatives Act provides that "A member of the district fisheries association who resides in the zone within the zone may join the district association." It is difficult to view that the member of the district fisheries association who is a member of the district fisheries association meeting within the requirement of membership acquires the status of the member immediately only by the application for membership of the district fisheries association, and on the other hand, according to the articles of incorporation of the defendant fishing village fraternity, even if the head of the fraternity received an application for membership, it cannot be viewed that the applicant did not have obtained the status in writing nine.

According to the facts duly admitted by the court below, the general assembly of the defendant fishing village fraternity, which has the authority to make a decision on new subscription in accordance with the articles of incorporation, has repeatedly made a resolution to refuse the plaintiffs' application for joining, and there is no objective circumstance to deem that the plaintiffs granted the plaintiffs the status as a member of the fraternity. Thus, the plaintiffs' application for joining cannot be viewed as acquiring the status as a member of the fishery village fraternity upon the plaintiffs' application for joining. The judgment below is just and acceptable, and there is no violation of the law regarding the legal scenarios of Article 16-2 (1) and Article 4 of the Fisheries Cooperatives Act, Article 6 of the Enforcement Decree of the same Act, and the articles of incorporation of the fishing village fraternity. There is no ground for the argument

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Yong-hun (Presiding Justice)