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(영문) 울산지방법원 2020.01.09 2019가합10572
조합원자격확인 청구의소
Text

1. On April 16, 2015, the Defendant’s refusal to apply for membership of the Plaintiff’s association members is confirmed as null and void.

2...

Reasons

1. Basic facts

A. Based on the Agricultural Cooperatives Act, the Defendant is a G Cooperatives’ association whose business territory covers Yangsan-si Cdong, Ddong, Edong, and Fdong members, and the Plaintiff was employed by several G Cooperatives until December 31, 2017 after entering H Cooperatives around 1987.

B. From March 9, 2015, the Plaintiff applied for membership to the Defendant on April 16, 2015, while residing in the building I and J of Yangsan-si, and the Defendant presented the above agenda to the board of directors. The Defendant’s board of directors decided to refuse the Plaintiff’s above application for membership on the same day on the ground that it is inappropriate under social norms to admit the Plaintiff as a member.

C. The provisions of the Agricultural Cooperatives Act and the Defendant’s articles of incorporation related to the instant case are as follows.

◆ 농업협동조합법 제19조 (조합원의 자격) ① 조합원은 G조합의 구역에 주소, 거소나 사업장이 있는 농업인이어야 하며, 둘 이상의 G조합에 가입할 수 없다.

(4) The scope of farmers under paragraph (1) shall be prescribed by Presidential Decree.

Article 28 (Admission) (1) Any G cooperative shall not refuse admission of a person who is qualified as a cooperative member without justifiable grounds, or attach unfavorable conditions to admission than those of other cooperative members.

Provided, That subscription may be refused to a person in whose case two years have not passed since he/she falls under any subparagraph of Article 30 (1): Provided, That he/she may be dismissed.

Article 30 (Expulsion) (1) If a member of the G Union falls under any of the following subparagraphs, he/she may be expelled through a resolution at a general meeting:

1. Where the G union has failed to use its business for at least one year; 1-2. Where it has failed to use its economic business under Article 57 (1) 2 for at least two years: Provided, That this shall not apply where justifiable grounds prescribed by its articles of association exist;

2. When he/she has failed to pay contributions and expenses, or to perform other obligations owed to the G Cooperatives;

3. 정관으로 금지한 행위를 한 경우 ◆ 피고의 정관 제9조 (조합원) ① 우리 조합의 조합원은 다음 각 호의 어느 하나에...

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