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(영문) 서울남부지방법원 2017.11.23 2017가합101486
지부장 지위무효 확인 청구의 소
Text

1. The heads of the chapters listed in the attached list confirm that they are not in the position of the heads of each branch office of the defendant;

2...

Reasons

The defendant is an organization established pursuant to Article 18-2 of the Act on the Establishment of P and Establishment of Related Associations, and the plaintiffs are members of the defendant.

Persons entered in the attached list, including the Defendant’s Intervenor, have been appointed as the head of the 16 branch office of each City/Do established in accordance with the procedures prescribed by the Articles of Incorporation and the regulations on the establishment and appointment of various levels of councils (hereinafter referred to as the “election regulations”), which are deemed as follows by Q as the Defendant’s chairperson.

(hereinafter referred to as the “head of the instant branch”). Among the Defendant’s articles of association, the establishment of various levels of associations, and the appointment regulations of the Defendant’s articles of association and appointment regulations, the provisions related to this case are as follows.

Article 12 (Meetings of Each Level) (1) The National Federation, chapters and sub-branches shall be established in this Council, and may have affiliated meetings or sub-conferences, if necessary.

(2) Branches shall be established in Seoul Special Metropolitan City, Metropolitan Cities and Dos.

(3) A branch office shall be established in a Si/Gun/Gu (referring to a basic local government), and Article 23 (Committee, etc.) (2) The National Federation shall have a personnel committee, and the branch office may have a personnel recommendation committee.

Article 28 (Representatives) (1) The fixed number of representatives shall be one person per branch.

(2) Representatives shall be elected by the operating committee of each branch within one month when any reason occurs, such as the termination of the term of office or vacancy.

Article 31 (Chief of Branch Office, etc.) (1) One head of a branch office and the following employees shall be employed in the branch office:

1. One secretary general;

2. Number of employees (Appointment of branch chiefs, etc.) Article 32 (Appointment of branch chiefs, etc.) (1) The president of the branch office

(3) Other matters shall be prescribed by the regulations.

Article 33 (Duties of Heads of Branch Offices, etc.) (1) The head of a branch office shall exercise overall control over the affairs of the branch office, represent the branch office and preside over its operating committees

Article 34 (Branch Operating Committees) (1) Each branch operating committee shall be comprised of heads of chapters, executive secretariats, and sub-chairpersons.

(4) The resolution of a branch operating committee shall be made with the attendance of a majority of members of the branch operating committee and with the concurrent vote:

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