(영문) 서울중앙지방법원 2017.04.28 2016가합579352

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(영문) 서울중앙지방법원 2017.04.28 2016가합579352

총회결의무효 확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is an incorporated association with the aim of promoting friendship between Korean motion picture supervisors, protecting their rights and interests, and contributing to the development of the film industry and the establishment of global status of Korean motion pictures, and the plaintiff is its member.

The articles of incorporation and election management regulations of the defendant are as follows:

Article 7 (Classification and Qualification of Members) The members of the plenary session shall be classified into regular members, senior members and special members, and the following qualifications shall be those who consent to the purpose of the establishment of the plenary session and submit an application for prescribed attendance and obtain the approval of the plenary session:

1. A regular member: A person recommended by three or more regular members, who has announced independently at least one theater motion picture;

2. Senior member: A person who has been engaged in supervisory life for at least 20 years as a regular member aged 65 or older;

3. Special members: A person who has made special contributions to, or has extensive knowledge and experience in, the development of film, art and the main session, or a person for whom 15 years have passed since only one material is supervised, a regular member and a senior member shall have the right to participate in the operation of a general meeting through the general meeting;

However, special members may attend and speak at a general meeting, but they shall not have voting rights.

Article 9 (Duties of Members) Members shall be:

1. Observance of the articles of association and bylaws;

2. Implementation of resolutions by the general meeting and the board of directors;

3. Payment of membership fees and charges. (2) With respect to a person who, as a member of the plenary session, encourages acts in violation of the purpose of the plenary session or in violation of the purpose of the plenary session, or commits an act detrimental to honor and dignity, or fails to fulfill the obligations under Article 9, disciplinary action, such as expulsion of the chief director, suspension of qualification, and reprimand, may be taken, subject to a resolution by the board of directors;

(3) Where any member intends to be disciplined under paragraph (2), he/she shall have the relevant member attend the board of directors and provide him/her with an opportunity

However, a member shall do so.

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