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(영문) 제주지방법원 2018.06.14 2016가합1430
제명처분무효확인
Text

1. The Defendant’s disposition of expulsion against the Plaintiff in accordance with the resolution of the board of directors on May 6, 2016 is null and void.

Reasons

1. Facts of recognition;

A. The Plaintiff was active as a member of the Defendant for about 40 years, and the Defendant’s temporary meeting held on May 6, 2016 (hereinafter “the instant resolution of the board of directors”) passed a resolution for expulsion with the consent of 34 persons present at the Defendant’s temporary meeting, 18 persons present, and all participants.

B. On June 27, 2016, the Defendant sent to the Plaintiff a certificate of content verifying that “the instant expulsion was made by the instant resolution of the board of directors (hereinafter “instant expulsion”) was made on June 21, 2016, and the said document reached the Plaintiff at the time of business.

C. The reasons for expulsion notified to the Plaintiff are as follows.

“1) In Jeju, the Plaintiff, the Defendant’s property, leased the site of the G service organization from the beginning to the first use for non-profit purposes, for the purpose of using the site of the G service organization in the manner of leasing it to FC, without the Defendant’s approval.

b.2) When preparing a third party and a re-contract document, abuse of the seal imprint of this club (a false writing) by the president H G G self-written (a false writing) (a false writing) (b) abuse of the seal imprint of this club (a false seal is required for the general secretary to use the leased contract on the ground that it is necessary to affix a seal). Of the 4 G Code of Ethics, violation of paragraph 2 of the “excluding unjust benefits and attempting to take a successful vote in

D. On July 8, 2016, the Defendant held a general meeting on July 19, 2016, and reported that I, the chair, was expelled from the Plaintiff, and completed the general meeting.

(hereinafter “General Assembly of this case”). E

The content of the Defendant Charter and G Code of Ethics related to the instant expulsion disposition is as follows.

Article 5 (Qualification for Membership of Defendant Charter)

1. The understanding and application of the G Principles shall be in accordance with, and the legal adults with good morals and a good reputation of the community shall be eligible for membership in this club.

Article 11 (Expulsion)

3. Members who have damaged the honor of a club;

4.Any member who falls under the reasons for expulsion shall report to the Council of the General Council, and the Council may hear opinions with the attendance of that member.

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