1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The defendant's ground of appeal citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance.

Therefore, the reasoning of the judgment of this court is as follows: (a) the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for dismissal or addition as set forth in paragraph (2).

2. The following shall be added to not more than 13, 12, 12, in the determination of whether there is a procedural defect.

④ At the time of the resolution for expulsion of the instant case, the president of the Defendant Union, the president of the instant association, did not ask the representatives present at the meeting to either state their opinions on the method of resolution or state their opinions from the representatives. Therefore, even if the representatives did not raise an explicit objection, the defect is not cured.

⑤ According to the records of the minutes (No. B. 17) at the time, it is unclear whether the president, who is the chairman, selected and resolved any method of resolution during the process of a large number of votes, a set of votes, or voting. If a resolution is adopted by selecting a large number of ways as the Defendant’s assertion, the number of votes should be expressed by the representatives to the extent that he/she clearly knows the representatives’ intention, and the number of votes should be confirmed.

However, according to the records of the minutes at the time, it is difficult to see that the president, after presenting the opinion that three representatives agree, he/she asked about whether he/she has raised an objection, declared a expulsion resolution on the grounds that no objection has been raised. Therefore, it is difficult to deem that he/she underwent such procedures.

④ Considering the fact that the Plaintiff’s information was related to the provision of preferential treatment to Defendant O, the president of the instant association, and that the O took place as the president, it is necessary to strictly interpret the method of resolution, procedure for resolution, etc. as an important procedural matter so that the Plaintiff’s intent can be expressed without distortion.