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(영문) 서울동부지방법원 2017.09.28 2017가합283
제명의결처분무효확인
Text

1. On July 28, 2016, the Defendant confirms that the measure taken by the Plaintiff A against the Plaintiff is invalid.

2. Plaintiff B-.

Reasons

1. Basic facts

A. An incorporated association D (hereinafter referred to as “D”) is a corporation established with the purpose of improving sanitation facilities and technical improvement related to the development of the meat industry, and cultivating business ethics among its members by promoting friendship with each other, thereby contributing to the development of the meat distribution. The Defendant is a subdivision under the instant D.

The Plaintiffs are the members of the Defendant.

B. On July 28, 2016, the Defendant held a board of directors (hereinafter referred to as “the first board of directors”) on the ground that the Plaintiff significantly undermined the Defendant’s honor in the Republic of Korea and abroad, and passed a resolution on the second board of directors (hereinafter referred to as “the second board of directors”) on December 1, 2016, on the ground that Plaintiff B significantly undermined the Defendant’s honor in the Republic of Korea and abroad.

(hereinafter referred to as "first expulsion Disposition", and the second expulsion Disposition against Plaintiff B shall be referred to as "second expulsion Disposition".

The provisions of the D Articles of Incorporation (hereinafter referred to as the “instant Articles of Incorporation”) and the Defendant Association Rules (hereinafter referred to as the “Rules”) related to the First and Second Expulsions are as follows:

Article 50 (Disciplinary Action) (1) of the Articles of Incorporation of this case shall be decided by the board of directors.

If a member of the Council falls under any of the following subparagraphs, he/she may be subject to disciplinary action, such as warning or expulsion, upon a resolution of the majority of the registered directors or more:

3. Where the honor of the plenary session is seriously damaged inside and outside the country, Article 59 (Mutatis Mutandis Application) shall also apply mutatis mutandis to the branch and sub-branch of the branch and sub-branch of the plenary session unless otherwise provided.

(Ma) Section 1 (Name omitted) of the instant Rule refers to the Sub-chapter C as an incorporated association.

(hereinafter referred to as this sub-chapter). Members of the Sub-chapter VI (Members) have completed reports on meat sales business or instant meat sales and processing business in accordance with the Livestock Products Sanitary Control Act and carry on the business, and meet written consent and prescribed subscription fees.

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