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(영문) 광주고등법원 2016.10.14 2016나11638
조합장선거무효확인
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 Plaintiff and the Defendant are regional livestock cooperatives with the area of D and E members established under the Agricultural Cooperatives Act (hereinafter “Agricultural Cooperatives Act”), and the Plaintiff is the Defendant’s member.

B. The Defendant conducted a fact-finding survey from June 16, 2014 to September 12, 2014, and the result was reported to the 8th board of directors held on September 18, 2014. 2) The Defendant, as a result of the 8th board of directors’ fact-finding survey, handled 111 members (including five deads) from among unqualified members identified as a result of the 8th board of directors, and decided to apply a grace period to maintain the qualification of the association members by June 2015 from among the non-qualified members who submitted the 8th board of directors, for whom the 111 member from among the non-qualified members (including five deads) who were identified as a result of the 8th board of directors, and for whom the 8th board of directors

C. On March 11, 2015, the Defendant prepared an electoral registry with respect to the election of the president of an association, which was held on March 11, 2015, based on the results of the investigation into the actual condition of the association members and the resolution of the board of directors, etc. of the association. 2) On March 11, 2015, the Defendant participated in the voting by 1,285, and obtained C 595, F 59, and G 99, and the Defendant decided C, which was obtained more than F 4, higher than F 1,285, as the elected person of the association.

(hereinafter “instant winning decision”). D.

Of the electors in the election of the head of an association that receives subsidies for closure of business, 21 persons listed in the following table (hereinafter referred to as “21 persons” in this case) are found to have expressed their intention to discontinue breeding to the competent local government pursuant to the Special Act on Assistance to Agricultural Fishermen, etc. following the Conclusion of Free Trade Agreements (hereinafter referred to as the “Free Trade Agreement Support Act”) before the election day, and are below the “the beef traceability system under the Act on Livestock and Livestock Products Traceability managed by the Defendant.”

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