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(영문) 서울남부지방법원 2018.09.07 2018가합103618
해임결의 무효확인
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a non-profit corporation established on December 31, 1992 for the purpose of actively cooperating with the government policies on the Seoul Special Metropolitan City C business, of demonstrating the public interest of cargo transportation services, and of promoting mutual friendship and the promotion of the welfare of its members. The plaintiff is appointed as the head of the defendant's North-dong branch office having jurisdiction over Gwangjin-gu, Seongdong-gu, Jung-gu, Dongdaemun-gu, and Seongbuk-gu on March 3, 201

B. On March 8, 2018, the Defendant passed a resolution to dismiss the Plaintiff on the ground that “The Plaintiff, at the request of the managing director D, neglected the management and supervision of the employees E of the North-dong Branch, who operated the hours of attendance at work against the Defendant’s will, but did not comply with the Defendant’s articles of incorporation (the duties of the head of the branch office) and failed to comply with the direction of the president” (hereinafter “the instant resolution to dismiss the Plaintiff”).

The Defendant F (the only director with representative authority, who is in the position of president according to the Defendant’s articles of incorporation; hereinafter referred to as “president”) notified the Plaintiff of the instant dismissal resolution on the same day.

(c) Chapter II of the relevant provisions, Article 9 (Rights of Members of the Association) of the Association (Rights of Members of the Association) shall have the right to:

(1) The right to vote and to be elected. (2) The number of materials allotted to the Association. The members of the Association of Article 10 (Duties of Members of the Association) must:

(1) Compliance with the articles of incorporation and the resolution. (2) Inquiry by the Association or reply to questions; Section 12 (Composition) of the General Assembly shall be composed of the chief director, vice chief director, and delegates.

§ 13 (Representatives) (1) Representatives shall be not more than 24 persons and shall be elected directly by the members of the Association for each constituency.

Article 16 (1) Meetings shall be concluded with attendance of a majority of registered delegates, and pass resolutions with the consent of a majority of the delegates present.

(3) Officers other than the chief director.

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