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(영문) 서울중앙지방법원 2020.07.24 2019가합544456
징계무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. We examine the defendant's main defense of safety.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for protection of rights. The benefit of confirmation must be immediately removed because of the plaintiff's right or legal status unstable and danger, and it should be recognized only when the defendant is the most effective and appropriate means to remove such apprehension and risk.

(See Supreme Court Decision 94Da21559 delivered on August 11, 1995, etc.). The following facts may be acknowledged, comprehensively taking account of the overall purport of the pleadings in the descriptions of evidence Nos. 1, 2, 4, 11, 12, 15, 16, and evidence Nos. 1-1 through 4, 2, 10, 11, and 12, and the whole purport of the pleadings.

① The Defendant Association may have branches in each Metropolitan City, Do, Si/Gun/autonomous Gu, and overseas, and matters concerning the establishment and operation of branches shall be separately determined and approved by the board of directors, and the head of each branch shall be appointed by the chairperson and ex officio director, and the Plaintiff was appointed as the head of each branch of the Defendant Association Gangwon-do Branch on May 6, 2015

② However, around July 24, 2017, the Defendant Association opened a disciplinary committee on July 4, 2017 and notified the Plaintiff that the Defendant Association passed a resolution to dismiss the Plaintiff, who is the president of the Gangwon-do Branch (hereinafter “instant disciplinary resolution”).

③ The Plaintiff raised an objection to the instant disciplinary resolution, but not accepted, submitted a written withdrawal from the Defendant Association on September 8, 2017, on behalf of the Defendant Association’s branch, and thereafter, constituted an incorporated association C with some members of the Defendant Association’s branch, thereby serving as the first president.

(4) On the other hand, the articles of incorporation of the defendant association shall be disqualified as a member by submitting a withdrawal source to the association, and where a member fails to pay membership fees for at least one year as of December 31 of each year, he/she shall be automatically entitled to do so.

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