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(영문) 광주고등법원(제주) 2014.12.03 2014나743
비법인사단결의무효확인
Text

1. The portion of the claim for consolation money in the judgment of the court of first instance against the plaintiff who is ordered to pay below.

Reasons

1. The scope of the judgment of this court is limited to the claim for consolation money, i.e., the scope of the appeal filed by the plaintiff, inasmuch as the part of the judgment of the court of first instance dismissing the claim for consolation money was dismissed and the plaintiff appealed only to the claim for consolation money.

2. Basic facts

A. The Korea Dental Association of the first instance trial (hereinafter “Korea Dental Association”) is established with the aim of facilitating academic research and technological development in the field of dental technicians as members of the dental technicians within the Republic of Korea, and has branches in each Metropolitan City and Do.

The defendant is a branch under the Korea Dental Association composed of dental technicians residing in Jeju Special Self-Governing Province (hereinafter referred to as the "Do").

The plaintiff is a dental technician residing in Jeju-do, and was admitted to the Korean Dental Association in 1981 and the defendant as a member.

B. In around 2005, the Defendant, at the time of the establishment of the dental branch at B University, decided not to make all cooperation, such as attending the said university at the monthly conference on April 2005 or receiving students from the said university as trainees.

(hereinafter referred to as the “Resolution”) C.

Nevertheless, in around 2007, the Plaintiff was recruited as a visiting professor at the dental branch of the B college. The Defendant held a monthly meeting on February 3, 2007 and passed a resolution on expulsion of the Plaintiff who did not have any provision in the bylaws (hereinafter “instant expulsion resolution”), and notified the Korean dental Association on June 30, 2007.

For this reason, the Korean Film Association responded that there was a defect in the resolution of the expulsion of this case on the grounds that the articles of association did not stipulate the "disbarment" as the type of disciplinary action, and that the due process such as providing an opportunity to vindicate is not observed.

The defendant holds a temporary directors' meeting on November 18, 2013 to take disciplinary action against the plaintiff.

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