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(영문) 광주지방법원 2016.10.28 2015가합56668
회장선거무효확인의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Korean Federation of Arts and Culture Organizations (hereinafter “Korea Federation”) is an incorporated association established with the aim of contributing to the advancement and international exchange of Korean arts and the development of art and culture, and protecting the friendship and rights and interests of member organizations, thereby contributing to creative activities. The Defendant, as a regional federation established in B with the approval of the said Korean Federation, has ten members organizations, including architecture, music, dance, literature, art, photography, drama, entertainment, film, music, etc.

B. On January 31, 2015, C, the former president of the Plaintiff and the Defendant, was a candidate for the Defendant’s election of the president (hereinafter “instant election”).

C had the front of the instant election, and designated D, one of the vice-chairpersons of the Defendant, as the chairman of the election management committee, and the election commission composed of D and members recommended by each member organization, determined the matters concerning the instant election, such as the organization of election schedule and electoral group, through four meetings from January 13, 2015 to January 29, 2015.

C. The election commission determined that a total of 94 persons including one chairperson, five vice-chairpersons, five chairpersons, one chairperson, two auditors, two auditors, and eight representatives of member organizations (the president of the entertainment association, E film Association president of the film association, overlaps the qualifications of vice-chairpersons and representatives, and excluding two persons) were determined by the election commission. As a result of voting at the election day, C was determined to be elected by the Plaintiff after obtaining 49 marks and 42 marks.

Part III executives of the Defendant’s Articles of Incorporation (hereinafter “instant Articles of Incorporation”) and Article 13 (Officers) of the instant Articles of Incorporation shall have the following officers:

1. One chairman;

2. Not more than seven vice-chairpersons (including the chief vice-chairpersons);

3. Five chairpersons.

4. One editing week;

5. Not more than forty directors; and

6. Not more than two auditors shall be elected as follows:

(1) The chairperson, vice-chairpersons and auditors shall be elected at a general meeting, and they shall be regular members of member organizations with different affiliated organizations, respectively.

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