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(영문) 대전지방법원 2017.01.20 2016가합100304
대의원임시총회결의 무효확인희 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is a non-profit incorporated association established by the members of the 5,448 private taxi transportation business for the purpose of promoting the sound development and common interest of the 5,448 private taxi transportation business (hereinafter "the defendant association"), and the plaintiff was appointed as a director on April 20, 2015 as the members of the defendant association.

On December 30, 2015, the Defendant Union adopted a resolution of suspension of qualification for one year against the Plaintiff on December 24, 2015 at the special meeting of representatives of the Defendant Union (hereinafter “instant resolution”) in accordance with Article 12 of the Articles of Incorporation, Article 8 of the Union Members’ Disciplinary Rules and Article 16 of the 21st 5th 5th son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

The relevant provisions of the articles of association of the defendant association and the articles of association for members of the association relating to this case are as follows:

Members of the Court (members of the Union) Article 10 (Rights of Members of February 8, 2007) of the General Meeting (Enforcement Date), shall have the following rights:

1. Right to vote and to be elected;

2. Number of the materials allocated to a union;

3. Use of common facilities of the association;

4. Rights to invest in and grant loans to financial business conducted by the Cooperative;

5. Deleted;

6. Perusal of documents of a cooperative (the provisions of the Official Information Disclosure Act shall apply mutatis mutandis);

7. The duties of members of a cooperative under Article 11 to recommend matters necessary for the operation and development of the cooperative are as follows:

1. Observance of the articles of association, general meetings and board of directors;

2. Answers to legitimate inspections, inquiries, or inquiries by the unions;

3. Completion of various education courses of the cooperative and implementation of administrative instructions;

4. Bearing of dues by a resolution of the partnership dues, board of directors and general meeting;

5. Sanctions against rights under Article 12.

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