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(영문) 광주지방법원 2018.11.29 2018가합53349
회장선임총회결의 무효확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the Plaintiffs.

Reasons

1. Basic facts

(a) Status (1) E, an incorporated association (hereinafter referred to as “E”) may establish the Child Care Association for the smooth promotion of infant care services, the balanced development of child care centers, the exchange of information among child care centers, and the promotion of mutual cooperation under Article 53(1) of the Infant Care Act (hereinafter referred to as the “Child Care Association”).

The defendant is an incorporated association established on the basis of this Act, and the defendant is a non-corporate association whose members are the representative director and the president of the form of social welfare foundation who has completed the prescribed subscription procedures.

Meanwhile, Article 53(2) of the Infant Care Act, Article 53 of the Enforcement Rule of the Infant Care Act (Federation of Child Care Centers), Article 41(2)2 of the Infant Care Act, and Article 53 of the Infant Care Act (Federation of Child Care Centers).

Article 41 of the Enforcement Rules of the Infant Care Act (Organization, Functions, etc. of the Federation of Child Care Centers) (2) The Federation may establish the following subcommittees by type of child care centers in order to efficiently perform its duties:

2. It was approved as a “subcommittee of a childcare center of a social welfare foundation” under the subcommittee of a social welfare foundation childcare center.

(2) The plaintiffs are members of the defendant.

B. On February 3, 2017, the Defendant: (a) held a general meeting of delegates on February 3, 2017 to appoint F as the president; and (b) passed a resolution to amend the Defendant’s articles of incorporation.

(hereinafter referred to as the “Defendant’s Articles of Incorporation”) amended by the above resolution.

(1) The resolution of E, etc. (1) through the resolution of the board of directors on February 16, 2017, E has the effect to suspend the function of the Defendant as an organization designated as an organization under the jurisdiction of the Defendant as an accident department on the ground that the Defendant elected a F, who did not meet the qualification requirements for “E member for at least ten years” as the chairperson and violated the articles of incorporation of E.

In addition, the status as an organization under the defendant's control of dissolution and re-establishment.

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