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(영문) 부산지방법원 2014.12.03 2014가합9987
회장당선무효확인
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. (1) The defendant is a corporation established with the aim of strengthening the unity and ties of the physically disabled organizations in Busan and promoting the welfare of the disabled, etc., and its member organizations are 28 organizations of the disabled in Busan.

(2) The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is the Plaintiff’s corporate association D, the Appointed Party E, and the Selection G are each representatives of the Plaintiff’s corporate association H.

B. The defendant's articles of incorporation and election management regulations (1) main contents of the defendant's articles of incorporation are as follows.

Article 6 (Composition of Members) The members of the Meeting shall be composed of:

1. Regular members: Organizations of physically disabled persons and agencies related to physically disabled persons, which have consented to the purpose and purport of the plenary session and completed the prescribed procedures for attendance;

2. Members of a supporters’ association: an organization or individual intending to support the purpose of this meeting (the right of regular members) the regular members of the meeting (hereinafter referred to as “members”) are entitled to vote and eligibility at the meeting.

Article 11 (Types and Fixed Number of Officers) The Association shall have the following officers for reasonable operation:

1. One chairman;

2. Five vice-chairpersons (it may have a chief vice-chairpersons, if necessary);

3. 35 directors (including the president and vice-chairpersons): Provided, That the number of recommending directors for the president shall not exceed five;

4. Two auditors (Qualifications of Chairman) The president of this meeting shall be the physically disabled persons aged 35 years or older who have resided in Busan City for not less than five years, and regular members of member organizations may participate in the meeting for the president.

Article 13 (Appointment of Officers) (1) The president of this meeting shall organize an election commission at a general meeting of 60 days before the expiration of the term, and shall determine the methods of election for the chairperson and discuss the methods of election

Article 37 (Meetings Resolutions and Quorum) All meetings except as otherwise provided for in the articles of incorporation shall be resolved by the attendance of a majority of the members and with the concurrent vote of a majority

Article 48 (Operating Rules) This Articles of Incorporation.

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