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(영문) 광주고등법원(전주) 2016.06.23 2015나101660
이사장당선무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant was a cooperative established pursuant to the Credit Unions Act in order to contribute to the improvement of the welfare of its members and the balanced development of local economy by providing members with convenience of finance and life. The Plaintiff was a vice-chairperson of the 28th ordinary general meeting and the 28th general meeting of shareholders (hereinafter “instant election”), which was implemented on February 27, 2015 as the term of office of the president expires as the Defendant’s union members.

B. The Defendant’s 28th regular meeting was held in the order of the first anniversary and second session. However, as a result of the instant election implemented in the order of the plenary session’s last session, C(No. 1) and D(No. 2) were elected by 949 electors from among 5,266 electors at the time, and C obtained 519 votes and D(No. 429 votes, and C was decided as the elected person (hereinafter “decision on the elected person”).

C. Meanwhile, the provisions of the Credit Unions Act related to the instant election, the defendant's articles of association, and the articles of association and the articles of association of affiliated executives (hereinafter "election regulations") are as follows.

Article 19 (Voting Rights, Voting Rights, etc.) (1) of the Credit Unions Act (wholly amended by Act No. 13067, Jan. 20, 2015 and enforced July 21, 2015) (1) Members have equal voting rights and suffrage regardless of the number of contribution units.

Provided, That the articles of incorporation may restrict the voting rights and the right to vote of a minor or a member of a cooperative, the period of which is less than three months.

(2) A member may exercise his/her voting right on a resolution or election by proxy.

Provided, That members of a cooperative which is jointly owned by a region or organization shall not be allowed to exercise their voting rights by proxy.

(3) The number of members who are allowed to act on behalf of one member pursuant to paragraph (2) shall be determined by the articles of association.

(4) The agent referred to in paragraph (2) shall submit a document attesting his power of representation to the Cooperative.

Article 22. Revocation, etc. of Resolution

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