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(영문) 서울서부지방법원 2014.10.10 2014가합32618
당선무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. The defendant is an incorporated association established pursuant to Article 53(1) of the Infant Care Act.

B. On March 1, 2012, the term of office of the D Federation, a non-corporate group under the Defendant’s jurisdiction, began on March 1, 2012, and the term of office expired on February 28, 2014. On April 3, 2014, the term of office expired, the Plaintiff held a direct general meeting as the president of the D Federation on April 3, 2014, and was again elected as the president of the 10th D Federation.

C. The part related to this case in the defendant's internal rules is as follows.

Article 5 (Members) of the Articles of Incorporation of the Defendant shall be the representative of the Child Care Center or the Child Care Center prescribed in Article 10 of the Infant Care Act, and one facility member shall be a member, and shall be admitted through prescribed membership procedures.

Article 6 (Rights and Duties of Members) (1) Members of this meeting shall have the right to vote, to be elected, and to vote in various meetings, and shall be obligated to comply with all the regulations including the obligations to pay membership fees and the articles of association of the meeting, and the resolution of all the meetings

(2) Except as otherwise provided for in the articles of incorporation, the members of this meeting shall exercise their voting rights and suffrages through representatives representing the members.

(4) If a member fails to perform his/her obligation to pay membership fees for at least six months, his/her eligibility shall be automatically suspended, and two months shall have elapsed after the full payment of membership fees.

(6) Where the collected membership fees are not paid to superior agencies for at least two months, each subcommittee, each City/Do federation, each Si/Gun/Gu branch office, the local qualification rights shall be automatically suspended.

Article 9 (Classification and Fixed Number of Officers) The Council shall have one president (Representative Director), six vice presidents, not less than 40 but not more than 60 directors (including president and vice presidents), and five auditors in order to conduct its administrative affairs.

Article 10 (Appointment and Qualification of Officers) (1) The president, directors, and auditors shall be elected at a general meeting, but Article 27 of the Seoul Special Metropolitan City, Metropolitan City, and City/Do Federation and the articles of incorporation of each Do.

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