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(영문) 창원지방법원 2016.04.20 2015가합2058 (1)
제명처분 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to promote the sound development of the craft industry and promote mutual welfare among its members, the Defendant is a juristic person established pursuant to the Small and Medium Enterprise Cooperatives Act, the members of which are small and medium enterprise owners engaged in the craft industry in the Gyeongnam-do, and the Plaintiff is the

B. On January 29, 2015, the Defendant: (a) held a board of directors on December 31, 2014; (b) made a resolution to dismiss the union membership fee of at least 360,000 won (two-year portion); (c) held a general meeting on February 25, 2015 and made a resolution to dismiss the union membership fee of at least 16 members, including the Plaintiff, for at least two years (hereinafter “instant resolution”); and (d) notified the Plaintiff that the Plaintiff was expelled from the Defendant on March 2, 2015 (hereinafter “instant expulsion disposition”).

C. The main contents of the Defendant’s articles of incorporation, admission fees, and security are as follows.

【Defendant’s Articles of Incorporation】 Article 13 (Expenses, Fees, and Fees) (1) The Cooperative shall collect the following expenses for the operation of its business:

(2) The amount and collection method of the expenses, usage fees and fees under paragraph (1) shall be prescribed by the regulations.

The expulsion under Article 16 (Expulsion) (1) 3 shall be made to a person who falls under any of the following subparagraphs through a resolution of the general meeting:

In such cases, a cooperative shall notify the relevant union members of the reason for expulsion and give them an opportunity to state their opinions at the general meeting ten days prior to the general meeting.

1. The following matters provided for in Article 31 (Special Resolution) shall be resolved by the attendance of a majority of all union members and with the concurrent vote of not less than 2/3 of all union members present when the union has failed to perform its obligations on the union, such as payment of investment, expenses

2. Article 4 (Obligations for Payment of Membership Fees) (1) of the Rules on Payments and Expenses, etc. by Members.

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