2007Gahap21811 Confirmation of clan members

As shown in the attached list of plaintiffs.

**** clan***

Representative Chairman***

April 22, 2008

June 3, 2008

1. Ascertainment that the plaintiffs are members of the defendant clan.

2. The phrase "Article 5 of the Rules of the defendant clan 5" confirms that the provision is null and void to the extent that it excludes women.** * * ** * * * is the male male male male male male male male male female female female female female female female female female female female female female female female female female female female female female female female female female female female female female female female female

3. The plaintiffs' remaining claims are dismissed.

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

Paragraph 1 of the order and Article 5 of the Code of the defendant clan 5 'the members of this clan*** * **** * as a follow-up hand, it is confirmed that the provision is invalid.

1. Basic facts

A. The defendant clan is a clan set of the 14-year-old descendants of the valleys (hereinafter referred to as the "saves") in Jung-si.

B. Article 5 of the Rules of the defendant clan provides that "the members of the clan *** c **** * is a male aged 19 years or older as a follow-up descendant."

C. The plaintiffs are all women who are descendants of the above clan, and they were not recognized as members of the defendant clan in accordance with the above clan rules.

2. The assertion and judgment

A. Determination on the cause of the claim

As the legal conviction of the members of our society with respect to the past custom that limits the membership of the clan to 0 adult male and does not leave the membership of the clan, the legal order of the past members of our society with respect to the custom that does not fit for the membership of the clan is considerably shaken or weak, and above all, there is no discrimination on the basis of individual dignity and gender equality in terms of substantive rights and duties within the family, and changes in the direction of eliminating discrimination against women in all areas, such as politics, economy, society, culture, etc. The principle of gender equality is further strengthened, and in the future, the clan is a clan organization formed for the purpose of protecting the graves of the common ancestor and the clan 2, which is naturally established by their descendants, and thus, it is unreasonable for our previous legal order to restrict the membership of the clan from among the descendants of the common ancestor, and thus, it is not consistent with the purpose of the common law and order of the clan to become null and void for the purpose of protecting the sex of the clan and its membership of the general clan.

In this case, according to the above legal principles, Article 5 of the Rules of the defendant clan, which exclude adult descendants from the members of the defendant clan, is null and void to the extent that they exclude female descendants, and the plaintiffs are members of the defendant clan, so long as they dispute this, they have the interests to seek confirmation.

B. Judgment on the argument of the defendant clan

The defendant clan provides that the members of the defendant clan shall be not less than 19 years of age considering the degree of contribution to the clans. The purpose of protecting the property of the clans and maintaining the clan itself is to protect the property of the clans. The plaintiffs asserts that Article 5 of the rules of the defendant clans are valid unless there are special cases, such as the plaintiffs' failure to attend the clans and the provisions of the rules which prescribe the qualification of the members of the clan violate the mandatory rules.

However, since a clan is established by its descendants at the time of the death of a common ancestor, it does not require a special organization for the establishment of the clan, its members naturally become a member of the clan regardless of their intention, and they do not qualify as a member of the clan according to the degree of contribution to the clan. (The plaintiffs are recognized as the members of the defendant clan during that period.)

Since it is null and void to establish or amend regulations contrary to the quality of the clan because it is impossible to engage in or contribute to the clan as a member of the clan, it is not possible to receive the above argument of the defendant clan.

3. Conclusion

Therefore, the plaintiffs' claims shall be partially accepted within the scope of the above recognition, and the remaining claims shall be dismissed. It is so decided as per Disposition.

Judges of the presiding judge

Judges

Judges