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(영문) 부산지방법원 2016.01.27 2015가합4705
징계처분무효확인소등
Text

1. Of the instant lawsuit, the part of the claim for nullification of the provisions of the Defendant’s Articles of Incorporation is dismissed.

2. The Defendant dated November 18, 2012

Reasons

1. Basic facts

A. The defendant is a clan created naturally by setting C as a joint ancestor for the protection of graves and the religious services of the ancestor, the management of the clan religious services, etc., and the plaintiff is a clan member of the defendant.

B. On November 18, 2012, the Defendant held a general meeting of shareholders on November 18, 2012 and passed a resolution on disciplinary action against expulsion of the Plaintiff with the consent of 20 members present at the meeting on the ground of the Plaintiff’s act of dismissal under Article 19 of the Articles of Incorporation (hereinafter “instant disciplinary action”).

C. The main contents of the Defendant’s articles of incorporation are as follows.

Article 4 (Members) The descendants shall be adults aged 20 years or older.

However, the members who can attend the general meeting shall be those who consent to the purpose of this meeting and apply for membership.

The descendants may at all times apply for the accession of a clan in writing.

Article 12 (General Assembly)

1.The highest proceedings of the present meeting shall be the ordinary meeting and the ordinary meeting shall be divided into the ordinary meeting and the extraordinary meeting, and the ordinary meeting shall be convened every year in the description of October of the sound records, and the extraordinary meeting shall be convened by the chairman when requested to convene two thirds of the board of directors or officers as necessary.

Article 14 (Quorum) Various meetings of this meeting shall be held by at least 1/3 of the members who have applied for membership under Article 4, and shall be held by at least 1/2 of the members present for deliberation under Article 12 (2) (d) and (f).

The board of directors shall be present at the meeting of at least 2/3 of its members.

Provided, That where a person does not become a member of society at least twice, he/she shall meet regardless of the number of participants.

In such cases, the call shall be notified by registered mail.

Article 19 (Disciplinary Action)

1. Disciplinary measures, such as reprimand, abandonment, expulsion, etc., may be imposed on a person who has crashed the dignity of the meeting of the members and has impaired the harmony among the members, or who has inflicted damage intentionally or by gross negligence on the finance of the meeting, following deliberation by the board of directors;

An expulsion shall be ratified by a general meeting.

2. The person concerned shall be prohibited from attending the deliberation of disciplinary action;

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