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(영문) 수원지방법원 2017.05.12 2015가합71811
선거무효 및 당선무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is an incorporated association B's branch association established for the purpose of promoting the sound development of a private teaching institute, establishing the status of education of a private teaching institute, and contributing to lifelong education through cooperation among the members who establish and operate a private teaching institute, and the plaintiff is the defendant's member.

B. On November 3, 2015, the Defendant’s election commission publicly announced that the election of the 16th president of the subdivision (hereinafter “instant election”) should be held as follows.

Election of the president of a branch: The date and time to be elected at the extraordinary meeting of the General Assembly of Representatives in 2015: The place on November 21, 2015: D main office (U.S. E)

C. The Plaintiff, C, and F were candidates for the branch of the instant election, and as a result, at the Defendant’s temporary general meeting of representatives (hereinafter “instant special meeting”) implemented on November 21, 2015, 209 representatives were elected by 209 representatives who participated in voting, C, 82 votes, and F obtained 36 votes, and C was elected as the Defendant’s branch of the branch.

The main contents of the defendant's bylaws and election management regulations are as follows:

Article 8 (Qualifications for Members) of the Regulations of the plenary session shall agree with the purpose of the Federation, and submit an application for membership in the prescribed number of Federations to the president or president of a private teaching institute, which has been authorized (registered) as a member of the Federation, and shall obtain approval from the Board of Directors.

Provided, That the member at the inaugural general meeting shall be deemed to have become a member automatically in accordance with the articles of association of the general federation and the principal rules of the meeting.

Provided, That where approval from the board of directors is obtained due to extenuating circumstances, he/she may be temporarily qualified as a member.

Article 11 (Withdrawal of Members) Members of the plenary session may voluntarily withdraw, and if a driving school is closed, automatically withdraw.

Article 12 (Expulsion of Members) When a member of the plenary session commits any of the following acts, he/she may obtain the approval of the General Federation after undergoing a resolution of the plenary session in accordance with the decision of the Ethics Committee, and then take disciplinary action or expulsion by the president of the branch:

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