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(영문) 대전지방법원 2018.12.12 2018가합100056
선거관리규정무효확인 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The defendant is a corporation established on March 4, 1989 by participating in the members of the Daejeon District C business for the purpose of promoting the development and common interest of the Daejeon District C business.

The plaintiff is a person who joined the defendant's membership around July 2000 and was in the defendant's director status from February 15, 2004 to February 28, 2011.

Matters related to this case among the defendant's articles of incorporation, newly established or amended by the resolution of the board of directors of this case, are as follows.

Chapter 5. Board of Directors Article 29 (Meetings)

1. The board of directors shall be convened by the chief director;

2. The meetings shall be attended by 2/3 of the registered directors and shall be approved by the majority of the present directors.

Article 30 (Deliberation and Resolution) The board of directors shall deliberate and resolve on the following matters:

6. One election management as provided in Article 32-1 of the Election Management Act, in Chapter 5 of the enactment of various regulations.

1. Organization and operation of the election commission in order to ensure that the election of executives or representatives is held fairly in accordance with the free will of members and democratic procedures and to prevent any malpractice related to the election;

2. The election management members shall be selected by applying a fair ratio from among the members recommended from among the election management members of the Daejeon Metropolitan City, advisers who are not scheduled to run candidates, directors and representatives;

3. Detailed matters necessary for operation not provided for in the articles of incorporation shall be prescribed by election management regulations.

Article 32-2 (Methods of Election of Officers and Representatives)

1. The chairperson, six directors, and representatives shall be elected by a direct secret vote for the life of members;

3. 30% (two directors) of the fixed number of directors shall be elected and dismissed by the chief director;

(Provided, That in the case of dismissal, resolution of the general meeting shall be obtained); 7. The election of the chief director, six directors, and representatives shall be held at the same time.

Article 23(1) of the Election Management Regulations (hereinafter referred to as "no person shall install, manufacture, attach, and mobilize kickets, posters, placards, vehicles, etc. for election campaigns") and Article 23(10) of the same Act.

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