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(영문) 서울동부지방법원 2017.11.29 2016가단23091
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 I Religious Organization Jamno (title after the modification: K Labor Association; hereinafter referred to as the “Korea Labor Association”) is an organization comprised of members of a wood society and senior members for the purpose of performing the duties of a union set forth in the Constitution of the I Religious Organization, and protecting and disseminating the happiness, and the Plaintiff, the Defendants B, C, and D are the members of the K Labor Association, the Defendant E, F, G, and H are the senior members.

B. On April 6, 2015, Defendant D and F submitted a written indictment against the Plaintiff on the ground that the Plaintiff filed a complaint or accusation against its members by spreading a will secret and making a false assertion.

C. Accordingly, on April 14 through 15, 2015, Defendant B, a president of the Korea Labor Association, held a 67 regular labor union meeting at the Mandong conference located in Seoul Special Metropolitan City, Nowon-gu, at the 63th regular labor union members, and the 22 senior members, proposed and passed the agenda items pertaining to the establishment of prosecution and trial stations against the Plaintiff while the 85 members were present. The director of the trial bureau organized a trial bureau comprised of Defendant B, clerk N, bureau C, H, H, E, G, andO, and subsequently delegated the case of the Plaintiff to the trial office, and accordingly, the same day trial office convened the first session.

The relevant provisions of the Constitution of the I Religious Organization are as follows:

Article 11 In the event that the patriarche is prosecuted, the plaintiff and the prosecution commissioner of the I religious organization immediately shall become the plaintiff, and the other persons who bring a lawsuit shall become the plaintiff.

Article 12 In the case of a trial after indictment, one or two or more of the members of the Council shall be selected as a prosecution commissioner, and the member shall be the first-class plaintiff and the decision of the Council shall be exercised until the previous decision of the Council.

Article 20

1. To deliver to the defendant a complaint and a description of evidence of the crime (the name and degree of the witness in detail of each Article shall be recorded);

2. Article 21 of the Summons to issue a writ of summons to make the original defendant and his interested persons present at the next meeting (not less than 10 days) is to deliver it to the principal, and if it is impossible for the principal to deliver it to the principal, it shall be served to the last dwelling place, but before opening the summons.

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