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(영문) 서울중앙지방법원 2016.09.22 2015가합539906
제명무효확인
Text

1. On October 19, 2015, the Defendant confirms that a expulsion made against the Plaintiff is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff (for example: C) is a member of the Defendant Association, which is an incorporated association (hereinafter “D”) comprised of eight-affiliated filmers’ members, including the Defendant Association and the Defendant Association.

B. On March 9, 2015, the Defendant: (a) held a vindication committee on the Plaintiff’s expulsion by taking into account the grounds for disciplinary action, such as “a suspicion of conspiracy or aiding and abetting the corruption of the former president of the Defendant Association, who was subject to criminal punishment by embezzlement of public funds of the Defendant Association; and (b) an act of not respecting the intent of the Defendant Association while working as vice-chairpersons from D including the Defendant Association; and (c) decided on March 27, 2015 by the board of directors of the Defendant Association, the Defendant issued a notice of expulsion to the Plaintiff on April 6, 2015 under the name of the president of the Defendant Association.

C. The Plaintiff raised an objection on the grounds of procedural defect, etc. with respect to the above expulsion disposition. On September 8, 2015, the Defendant Association re-issued the Plaintiff’s notice of convening the board of directors on the agenda of the resolution on disciplinary action, and on September 7, 2015, sent the Plaintiff a notice of convening the board of directors’ meeting to the Plaintiff.

1. On February 8, 2013, the Plaintiff passed a resolution to convene a general meeting of the board of directors on the grounds that F, the president of the Defendant Association, is trying to run for the D Chairperson, thereby undermining the conclusion of the general meeting of the plenary session by front of the F’s illegal expulsion.

2. On January 16, 2015, the Plaintiff, as a matter of course, should be accompanied by a designated director at the time of resignation from D’s former president, and was forced to act as an acting agent for the duties assigned to convene a general meeting, and committed an act that may cause damage to the honor and dignity of the Defendant Association.

3. Although the Defendant Association solicited the management of D through a job agency system for one year, the Plaintiff was forced to take a general meeting for the improvement of executive officers, and the general meeting for the improvement of executive officers was held twice as of March 2, 2015 and April 10, 2015.

Although the majority of movies oppose the plaintiff's duty of acting as an agent, the plaintiff is the acting as an agent in good faith, and the defendant's association.

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