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(영문) 의정부지방법원 2019.02.13 2017가합2110
운영위원선임결의무효 확인의 소
Text

1. At the meeting of the Defendant’s operating members on April 26, 2017, C as the Defendant’s operating members and the Defendant’s operating members on July 26, 2017.

Reasons

1. Basic facts

A. The defendant is a B association under the F association established under Article 53 of the Passenger Transport Service Act, and the plaintiff, C, D, and E are the defendant's members.

B. According to the defendant's operating rules, the defendant's executive officers have the president, vice president, general secretary, auditor, and not more than 10 operating members (Article 12). The operating members shall be elected according to the full number of members (Article 12: 1: 3, 2: 3, 2: 2: 3, 3: 3, 3: 4: 4: 1). (Article 13).

C. C At the meeting of the family union members held on April 26, 2017, D and E were elected as each Defendant’s operating committee at the meeting of the former union members held on July 26, 2017.

D. The main contents of the Defendant’s management regulations, including the articles of association, election management regulations, Si/Gun/Gu management regulations, and the aforementioned provisions are as follows.

Article 9 (Rights) (1) of the F Association’s Articles of Incorporation (Enforcement on April 13, 201) (1) Members shall have the following rights with respect to the Association:

2. The following matters shall be complied with for the unity of all union members and for the smooth operation of partnership:

3. Cooperatives under Article 13 (Executives) shall have the following executives for the payment of cooperative fees, Si/Gun operating fees, welfare membership fees, and other public imposts:

1. Chief Director: One person;

2. Vice-chief director: two persons;

3. Directors: Not more than 13 persons; and

4. A managing director: One person;

5. Auditor: Two persons (the head of an association, a chapter, a representative, or the head of a branch office in North Korea). (1) A Si/Gun association shall elect one head of each association by Si/Gun in accordance with the regulations on the election management.

(3) The heads of cooperatives and branches shall be full-time representatives per year.

Article 16 (Method of Election) (1) Partnership and Si/Gun/Gu partnership shall organize an election commission at the time of various elections, and the election for officers shall be elected.

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