In a case where Party A claimed against Party B to implement the procedure for appointing Party B’s head on the ground that the election of Party B was elected as Party B’s head, the case dismissing Party A’s claim on the ground that it is difficult to deem that Party B’s failure to appoint Party A as Party B’s head constitutes an abuse of the right of appointment due to its violation

In a case where Party A demanded Party B to implement the procedure for appointing Party B’s head on the ground that Party B was elected as Party B’s head from Party B’s election of Party B, the case dismissing Party B’s claim on the ground that Article 31(2) of the former Articles of Incorporation merely means that Party B’s representatives of each Party’s Party B were elected through an election of Party B, and it cannot be interpreted to mean that Party B’s officers are elected at each Party’s general meeting; Party B’s head, upon raising an objection to the fairness of the election of Party B, requested a postponement of election based on the right to manage and supervise the Party B’s branch; and Party A refused Party A’s appointment, which was elected as Party B’s head, without complying therewith, cannot be deemed to constitute a case where Party B’s failure to appoint Party A as Party B’s head violates the former Articles of Incorporation or abuse the right to appoint.

Article 31 of the Civil Act

Plaintiff

The Vietnam War Veterans Association of Korea

September 13, 2013

1. The plaintiff's claim is dismissed.

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

The defendant shall implement the procedure for appointment based on the election of the head of the Vietnam War Veterans Association of the Republic of Korea, the Vietnam War Veterans Association of the Republic of Korea, dated May 24, 2012 to the plaintiff.

1. Basic facts

A. The Defendant is a corporation established on June 18, 2008 with the aim of contributing to the protection of the free democracy system through the inheritance of the Vietnam War veterans’ spirit, contributing to enhancing the honor and promoting the welfare of its members through mutual friendship and unity among its members. At the time of establishment, the Defendant, as an incorporated association under the Civil Act, has the name “Korea War Veterans Association of the Republic of Korea” as an incorporated association under the Civil Act, but the Act on Honorable Treatment of War Veterans, etc. and Establishment of Related Associations (hereinafter “Korean War Veterans Act”) was amended on January 17, 2012 and enforced on April 18, 2012, thereby becoming a corporation under the War Veterans Act (see Article 18-2 of the same Act) and changed the name “Korean War Veterans Association of the Republic of Korea” on October 10, 2012.

(2) The name of the head of the first local government office and the branch office of the local government (the names of the branch offices and the branch offices of the local government) shall be indicated. (1) The executive officers of the local government branch offices and the local government council (the names of the branch offices and the local government offices of the local government branch offices and the local government offices of the local government. The local government offices and the local government offices of the local government offices shall be indicated. The local government offices and the local government offices of the local government offices and the local government offices of the local government. The local government offices and the local government offices of the local government offices shall be indicated. The local government offices and the local government offices of the local government and the local government offices of the local government. The local government offices and the local government offices of the local government and the local government offices of the local government shall be indicated. The local government offices and the local government offices of the local government and the local government offices of the local government shall be included and the local government offices and the local government offices of the local government shall be included.

B. The main contents of the Articles of Incorporation (hereinafter “former Articles of Incorporation”) established at the time of the establishment of the Defendant are as follows.

Article 7 (Method of Election of National Federation Chairperson) (1) Election of the National Federation Chairperson shall take full charge of all the affairs of the Civil Service Commission (hereinafter referred to as the “Commission”). Article 10 (Method of Election) (1) The National Federation Chairperson, Vice-Chairperson, and Method of Election of Directors (specific details are omitted) (2) The method of election of the National Federation Chairperson: Article 15 (1) of the Articles of Incorporation; 11 (Procedures for Approval of Election Report) shall apply to the Minister of Patriots and Veterans Affairs. <2) The election of the National Federation Chairperson shall be reported to the Minister of Patriots and Veterans Affairs.

C. The Defendant enacted various regulations regarding the matters delegated by the former articles of incorporation, and among which the main contents of the “Rules on Convocation of General Meeting and Election Management” (hereinafter “former Election Management Regulations”) concerning the election are as follows.

D. The former articles of association and the former regulations on the election management were enforced since the time when the Defendant was established, and the Defendant became a corporation under the War Veterans Act, and its effect was maintained until October 2012, which was prepared and implemented by the new articles of association.

E. Meanwhile, Nonparty 1, who was the head of the Incheon Metropolitan City Branch (hereinafter “Incheon City Branch”), affiliated with the Defendant, resigned from the head of the Incheon City Branch on March 28, 2012, and accordingly, the Defendant and the Incheon City Branch followed the procedure to determine the head of the relevant Incheon City Branch.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 7, 8, 9, 15, 17, Eul evidence Nos. 1, 20, 26, and 27, the purport of the whole pleadings

2. The plaintiff's assertion

The plaintiff was elected as the head of the Incheon City Mayor Branch in the election of the head of the Incheon City Branch on May 24, 2012 by the general assembly of the Incheon City Branch. Therefore, the defendant is obligated to implement the appointment procedure of the head of the Incheon City Branch.

3. Determination

A. Nature of the act of appointing the head of the branch office

As seen earlier, Article 30(2)1 of the former Articles of Incorporation provides that “the head of each branch office belonging to the defendant shall be appointed by the chairperson of the defendant’s office.” Therefore, we first examine the nature of the appointment of the head of each branch office as above on the premise of determination.

Article 15(1) of the former Articles of Incorporation provides that “The executives of the defendant’s branch office, including the president, vice president, auditor, secretary general, director, and director of the community service center, shall be elected at the general meeting of the defendant,” while Article 34(2) of the former Articles of Incorporation provides that “the head of each branch office belonging to the defendant shall be elected in accordance with the bylaws and shall obtain approval of the chairperson of the defendant’s branch office,” and Article 30(2)1 of the former Articles of Incorporation provides that “the head of each branch office belonging to the defendant shall be appointed or dismissed by the chairperson of each City/Do branch office,” and that “the head of each branch office belonging to the defendant shall be appointed or dismissed by the chairperson of each local government,” and that the former Articles of Incorporation and 15(1) stipulate that the appointment of the president of each branch office may be arbitrarily decided by the chairperson of each local government’s articles of incorporation, and that the president of each local government’s branch office may not be elected by the chairperson of each local government.”

B. Violation of the former articles of association or abuse of the power to appoint

Therefore, it is necessary to examine whether the Chairperson does not appoint the Plaintiff as the head of Incheon City Branch Office whether it violates the former Articles of Incorporation or abused the appointment right.

1) Whether the former articles of incorporation are violated

According to Article 31 (2) of the former Articles of Incorporation, the executive officers of the branch office, etc. shall be elected at the general meeting of the branch office. Under the above provision, the defendant president is obligated to appoint a person elected at the general meeting of the branch office in accordance with the above provision. However, the plaintiff elected at the general meeting of the Incheon City City Branch in violation of such duty did not appoint the plaintiff as the head of the Incheon City City Branch office. However, considering the overall purport of the arguments, Article 31 (2) of the former Articles of Incorporation can be acknowledged that "the general meeting of the branch office shall be composed of 200 members, and the representative shall be elected each by 20 members, and the matters concerning the election shall be prescribed by the regulations." According to the above acknowledged facts, Article 31 (2) of the former Articles of Incorporation means the election of the representatives of each branch office under the defendant's jurisdiction, and it cannot be interpreted to mean that the executive officers of each branch office shall be elected at each general meeting of the branch office. Therefore, the plaintiff's assertion is without merit.

2) Whether the appointment authority has been abused

In light of the principle of private autonomy or freedom of association, private organizations can freely form, organize, and operate their organizations, and thus, private organizations may have broad discretion in determining internal issues (see, e.g., Supreme Court Decision 2009Da19864, Jan. 27, 2011; Daejeon High Court Decision 2010Na2511, May 19, 201). In order to recognize that the Defendant’s president abused his power of appointment in exercising his power of appointment, it should be deemed that the exercise of the power of appointment is considerably unreasonable in terms of social norms and is objectively and objectively unreasonable.

First of all, the plaintiff argues that the appointment of the person elected at the general meeting of each branch of the defendant's branch to the head of the defendant's organization is a practice of the defendant's organization. Thus, the defendant's chairperson's failure to appoint the plaintiff elected at the general meeting of Incheon City branch without following such practice would abuse the right to appoint the plaintiff. However, it is not sufficient to recognize the fact that there was the above practice, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.

The following facts are alleged to the effect that Defendant 2 did not appoint the Plaintiff as the head of the Incheon City District Office, despite the Plaintiff’s intention to appoint the head of the Incheon District Office at the 20th election campaign site, and the Plaintiff’s election head of the Incheon District Office’s 5th election campaign site was not carried out by Defendant 2. The Plaintiff’s election head of the Incheon District Office’s 5th election campaign site was not carried out by Defendant 2. The Plaintiff’s election head of the Incheon District Office’s 5th election campaign site was not carried out by Defendant 2, and the Plaintiff’s election head of the Incheon District Office’s 5th election campaign site was not carried out by Defendant 2. The Plaintiff’s election head of the Incheon District Office’s 5th election campaign site was not carried out by Defendant 2. The Plaintiff’s election head of the Incheon District Office’s 5th election campaign site, and the Plaintiff’s election head of the Incheon District District Office’s 12th election campaign site was not carried out by the Plaintiff.

C. Sub-committee

Ultimately, it is difficult to view that the failure of the chairperson to appoint the plaintiff as the head of Incheon City Branch does not constitute a violation of the former Articles of Incorporation or abuse of the right to appoint the plaintiff. Therefore, the plaintiff has the right to seek implementation of the procedure for appointing the head of Incheon City Branch

4. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges in writing (Presiding Judge) and vice versa;

Note 1) In making such a decision, reference was to the decisions rendered in relation to the appointment, approval, or acceptance of the president or branch president of an organization similar to the defendant or the defendant. Specifically, the appeal was dismissed by the Seoul Eastern District Court Decision 2009Na11509 decided Oct. 14, 2009 (Seoul High Court Decision 2009Na107640 decided Sept. 13, 2010; Supreme Court Decision 2010Da82578 decided Dec. 23, 2010; Supreme Court Decision 201Da28284 decided Oct. 24, 2003 (see Seoul High Court Decision 201Da201380 decided Oct. 24, 200; Supreme Court Decision 201Da32814 decided Oct. 24, 2005).