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(영문) 춘천지방법원강릉지원 2015.04.14 2014가합1365
결의무효확인청구
Text

Plaintiff

C The lawsuit shall be dismissed.

In the special meeting of August 8, 2014, the Defendant respectively limits Plaintiff A and B to their respective comments.

Reasons

1. Basic facts

A. Among the defendant's articles of incorporation, matters concerning disciplinary proceedings and requirements for resolution at a general meeting are as follows, but no provision concerning the method of convening a general meeting is provided.

Article 27 (Resolution) (1) A general meeting shall be held with the attendance of a majority of the members, and such resolution shall be adopted with the consent of a

§ 35 (Disciplinary Action) Any member of this definition shall be examined and executed by the Disciplinary Committee if:

(Provided, That for the unity of members, the Disciplinary Committee of Article 36 (Composition of Disciplinary Committee) shall be composed of nine persons. (1) Persons falling under Articles 11 and 12. (1) Persons who have damaged the prestige of this definition by any speech or behavior that is not in this or any other competition. (4) Persons who have seriously impeded the development of this definition for the unity of members.

(1) Four of the members who have served as the chief executive officer shall be ex officio members and shall be appointed in the reverse order including the immediately preceding executive officer.

(2) Five general members shall be comprised of five executive members.

Article 37 (Resolution on Disciplinary Action) The Disciplinary Committee shall be held with attendance of a majority of its members, and pass resolutions with the consent of at least two thirds of its members present.

Provided, That a member subject to disciplinary action shall not participate in a resolution of the disciplinary committee.

§ 38 ( Results of Disciplinary Action) The Chairperson of the Disciplinary Committee shall report and obtain approval from the General Assembly without delay.

B. On August 5, 2014, the Defendant held a disciplinary committee in which five former heads of E, F, G, H, and the current executive organ, who were the disciplinary committee members of E, E, G, H, and five executive organ, who were the former heads of the disciplinary committee, and resolved to the effect that he/she is punished by the disciplinary action against Plaintiff A and B for one year of fixed attendance restriction, and for three months of fixed attendance restriction to Plaintiff C.

C. The grounds for disciplinary action against the plaintiffs are as follows.

Plaintiff

A: In the event that the defendant participated with three employees of the defendant and paid the oil price in the Magdo of Gangwon-do, it is necessary to get 5 market prices of "the executive department will put the jog in the Magdo as soon as possible" during the competition.

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