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(영문) 광주지방법원 2014.06.12 2013가합55753
조합원지위확인등
Text

1. Ascertainment that the Plaintiff is the Defendant’s member.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. As delineated below, the Plaintiff submitted to the Defendant an application to join a cooperative member on or around August 20, 2013, upon meeting the Defendant’s requirements for joining a cooperative member and the conditions for payment of contributions, but the Defendant notified the Plaintiff of the result of deliberation by the board of directors on August 29, 2013, and requested the Plaintiff to reply as to which reason the Plaintiff rejected. As such, the Defendant again notified the Plaintiff’s rejection of the board of directors on September 24, 2013 and stated that “if the Plaintiff incurred loss to the Defendant association, intentionally or by gross negligence, in violation of the Acts and subordinate statutes, administrative disposition, articles of association, or other rules, or intentionally or by gross negligence, Article 26 (Name) of the Association’s Articles of Incorporation.”

B. Article 26(1)3 of the Defendant’s Articles of Incorporation (Expulsion) provides for the following:

(1) If a member falls under any of the following subparagraphs, this association may be expelled through a resolution of the general meeting:

3. The provisions of Article 29 (Joining of Fisheries Cooperatives Act and subordinate statutes, administrative dispositions under the relevant statutes, articles of association or other regulations, or intentionally or by gross negligence inflict losses on, or impair, honor or credit for, the cooperative shall also be as follows:

(1) No district fisheries cooperative shall refuse to admit a person who is qualified as a cooperative member without any justifiable ground, or attach unfavorable conditions to admission to a cooperative than any other cooperative member.

(2) Any person who intends to become a new partner shall make contributions, as stipulated by the articles of association.

(3) No district fisheries cooperative shall limit the number of its members.

C. Article 20(1) of the Fisheries Cooperatives Act provides that “A member shall be a fisherman who has domicile, domicile, or place of business in a district fisheries consultation zone,” and Article 20(3) provides that “the scope of fishermen under paragraph (1) shall be prescribed by Presidential Decree,” and Article 14 of the Enforcement Decree of the same Act provides that “Article 20(1)

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