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(영문) 서울남부지방법원 2015.06.19 2014가합111406
회원제명처분무효확인
Text

1. The Defendant’s expulsion disposition against Plaintiff C on May 12, 2014 and the Plaintiff B and A on July 7, 2014 respectively.

Reasons

1. Basic facts

가. 당사자들의 지위 피고는 전상군경공상군경을 회원으로 하여 국가유공자 등 단체 설립에 관한 법률에 기초하여 설립된 법인이고, 원고들은 피고의 경기도지부 소속 회원으로 활동하던 사람들이다.

B. Of the articles of incorporation and disciplinary regulations governing the defendant's internal relations, the issues of the instant case are as follows.

Article 37 (Disciplinary Action) (1) The Chairperson or the head of a chapter may take disciplinary action against members, executives, employees, and representatives respectively by a resolution of two-thirds or more of the incumbent members of the Central Disciplinary Committee and the Local Disciplinary Committee.

(2) A person who is under execution of a sentence of imprisonment without prison labor or heavier punishment shall be suspended from qualification for member for such period.

(3) Disciplinary action shall be prescribed by separate regulations.

1) Article 2 of the Articles of Incorporation (This provision shall apply to cases where members, officers, employees, and representatives have committed the following acts in order to protect the rights and interests of the members as a result of their friendship, to establish a sound organizational management and a command system, to preserve the honor of an organization

4. Where he/she has caused property damage or embezzleds property of the main body intentionally or by gross negligence;

5. A person who slanders or disturbs a central association, a member, an executive or employee, or any other member;

6. A person who has interfered with the friendship of members and who has committed an act of 11. A person who habitually used the name of a similar organization with which the main body and division are ambiguous, individually or systematically, and who has committed an act of harming the status quo and honor at the plenary session and of creating an incompetence between organizations and members; 12. A person who has arbitrarily interpreted the articles of association or relevant laws and regulations which are lawfully and reasonably stipulated at the plenary session or without questioning or being asked at the main body, and asserts the illegality thereof; 13. A person who has habitually raised a lawsuit or petition against the operation of an organization or the performance of duties of an officer or employee by an abstract and arbitrary judgment.

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