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(영문) 서울동부지방법원 2018.12.20 2018가합106447
이사회의결 무효확인
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-governmental non-profit sports organization established under the National Sports Promotion Act, and the Plaintiff is a non-profit corporation established for research, dissemination, etc. on January 15, 1990.

B. On October 2, 2018, the Defendant held a general meeting of delegates and decided to approve the General Association as a Defendant’s regular member organization (hereinafter “instant resolution”).

C. Meanwhile, the main contents of the defendant's articles of association and entry and withdrawal provisions are as follows.

Article 7 (Members' Organizations and City/Do Branch Organizations) (1) Sports Organizations may join the Sports Council as members, and members' organizations shall be classified into regular members' organizations, associate members' organizations, and recognized organizations.

(2) The terms related to the member organizations under paragraph (1) shall be defined as follows:

1. The term "regular member organizations" means organizations which have agreed to perform their rights and obligations as regular member organizations and whose membership has been determined through a resolution of the General Meeting of Representatives of the Sports Council (hereinafter referred to as the "General Meeting");

2. The term “quasi-member organizations” means quasi-member organizations whose rights and duties are restricted by the resolution of the Council following the resolution of the Council;

3. The term "recognized organization" means an organization that has been recognized as representative temporarily by a resolution of the Council of Sports and that is not subject to rights and obligations.

4. The term "member trade association" means an organization established for the purpose of conducting activities and businesses of a specific category among the members' organizations;

(3) The qualification requirements for members under paragraph (2) shall be separately determined in consideration of the Olympic Games, the scale of sports organizations, functions, etc.

1. It shall be an organization representing the whole country;

2. The issue shall meet the requirements for sports defined in subparagraph 1 of Article 2 of the National Sports Promotion Act;

3.The authority to exercise overall control over the whole country; and

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