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(영문) 서울동부지방법원 2015.06.12 2014가합112277
제명처분무효확인의 소
Text

1. Each expulsion taken by the Defendant against the Plaintiff at an extraordinary meeting on August 16, 2014 and at an extraordinary meeting on September 13, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff passed the agricultural product quality controller examination on August 31, 201, and acquired the qualification certificate on August 2, 2012, and was the Defendant’s regular members.

The defendant is an incorporated association established based on the Agricultural Products Quality Control Act for the purpose of improving the rights and interests of agricultural product quality controllers and the membership management projects.

B. At around May 2014, six executive officers of Defendant B branch, including the Plaintiff (hereinafter “Plaintiff”) filed a civil petition with the Ministry for Food, Agriculture, Forestry and Fisheries requesting confirmation of the following matters, which is the Defendant’s superior administrative office:

1. Whether the executive officers of the chairperson and executive officers of the executive board have violated the articles of incorporation in the course of defendant operation

(a) Unfair interference in the election and operation of a briefing session;

(b) Not giving notice of an advance bill when holding a general meeting of delegates, extraordinary board of directors, extraordinary general meeting, etc.;

(c) Appointment of voluntary registered directors in violation of the articles of incorporation;

D. That the project promoted by the Defendant is not subject to the resolution of the board of directors

(e) Non-disclosure of information related to the operation of the defendant business;

(f) Failure to comply with the relevant procedures when amending its articles of incorporation;

(g) Existence of assault between executives and members

2. Whether the Defendant was not designated as a supplementary educational institution for agricultural product quality controllers, but notified to its members.

3. Whether an agricultural product quality controller’s continuing education is a compulsory education, and whether he/she has notified the members that he/she would be subject to disciplinary action.

C. On June 20, 2014, at the request of 25 members belonging to the branch and 35 members belonging to the branch, the Defendant resolved on June 20, 2014 the “organization of an Ethics Committee for the promotion of the procedures for expulsion against the Plaintiff, etc.”

On July 25, 2014, the defendant held the first Ethics Committee while five of the six ethical members were present, and with the consent of all the ethical members, "(i) the plaintiff et al. shall be the chairperson and the operating committee of the branch, and shall have the role of the board of directors or the defendant's activities as the chairperson and the operating committee of the branch, the voluntary organization and activities of the steering committee.

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