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(영문) 춘천지방법원속초지원 2014.08.21 2013가합156
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a non-corporate body established under the Fisheries Cooperatives Act for the purpose of enhancing the productivity of fishery by fishing village fraternity members and promoting the implementation of joint projects to improve their living conditions and the improvement of their economic, social and cultural status. The defendant is Gangwon Yangyang-gun C and D as its non-corporate body.

B. The Plaintiff filed an application for joining the Defendant to join the Defendant as a member of the Defendant’s fraternity from 1999 to 2014, but the approval of joining the Defendant’s general meeting was rejected, and did not become a member of the Defendant’s fraternity.

C. The relevant statutes and the Defendant’s rules relating to the instant case are as follows.

Article 5 (Articles of Incorporation) (1) The following matters shall be included in the articles of incorporation of a fishing village fraternity:

5. Matters concerning qualifications, rights, and obligations of the members of fishing village fraternities;

6. Matters concerning the admission to, withdrawal from, and expulsion from, the members of fishing village fraternities. (1) Any person who resides in the area of a fishing village fraternity as a member of a district fisheries cooperative, may join the fishing village fraternity;

(c) 1) A member of the Fisheries Cooperatives, who resides in the zone of this section under Article 9 (Qualification as a member of the Fisheries Cooperatives) of the Enforcement Decree of the Fisheries Cooperatives Act and has engaged in the sea for not less than 60 days a year, may join the said zone. Article 10 (A person who intends to join the said zone shall submit an application for membership in the attached Table accompanied by a copy of the certificate of investment and a copy of the number of days of service

Any person who intends to join the fraternity pursuant to the provisions of paragraph (1) shall be recognized as a member subject to approval from a majority of the members present at the general meeting of fishing village fraternities.

(2) Upon receipt of an application for joining under paragraph (1), the head of a fraternity shall refer the case to a general meeting to examine whether he/she is qualified as a member of the fraternity, and determine whether to join.

(4) When an applicant falls under any of the following subparagraphs, this guidance shall not approve his/her accession:

1. A person who obstructs the establishment of this fraternity or its business;

2.The honor or credit of this fraternity.

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