logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2017.01.06 2016나12013
조합장선거무효확인 등
Text

1. The defendant's appeal is dismissed.

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

The defendant of the claim on March 11, 2015.

Reasons

1. Basic facts

A. The defendant is a local agricultural cooperative (hereinafter referred to as "local agricultural cooperative" and the defendant is also referred to as "the defendant cooperative") established under the Agricultural Cooperatives Act and whose area covers E members and F members in the Jeju City. The plaintiffs are the members of the defendant cooperative.

B. From March 24, 2014 to September 17, 2014, the Defendant Cooperative conducted a fact-finding survey on 2014 with respect to 1,471 union members, according to the method of managing the union members and associate union members. As a result, the fact-finding survey was conducted on 10 persons who died, six migrants, and 112 persons who were not farmers, and these 128 persons were treated as withdrawn on September 29, 2014.

C. On September 21, 2014, the Defendant Union entrusted the election affairs of the president of the partnership to the Naju City Election Commission to hold an election of the president of the partnership.

B. On March 11, 2015, the election commission of the City/Do election commission determined the election day of the head of the association as of March 11, 2015, prepared the electoral register based on the results of the investigation into actual conditions of the association members from February 20, 2015 to February 24, 2015, and determined the electoral register as of March 1, 2015, with the period of inspection and objection.

E. On March 11, 2015, the Defendant Cooperative held an election for the president of the partnership (hereinafter “instant election”), and 1,240 of the 1,353 members listed on the electoral registry participated in the voting. Candidates G were 611 votes and 615 votes obtained by candidates H were elected as the head of the partnership due to the difference in 4 votes.

F. Articles of association and relevant statutes concerning the qualifications for membership of the defendant association are as follows.

Article 9 (Members) (1) of the articles of incorporation of a defendant cooperative shall be any of the following persons:

1. A person who has a domicile, domicile, or place of business in a cooperative and falls under the scope of farmers under Article 19 (4) of the Agricultural Cooperatives Act.

arrow