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All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. 1) The Defendant is a “F organization of national intangible cultural heritage E” under the Act on the safeguarding and Promotion of Intangible Cultural Heritage, and is a corporation established March 24, 2017 for the purpose of preserving the F and fostering a successor through successor training and transmission activities (hereinafter “D”) under the name of “D.”
(2) From March 2010 to February 201, 201, Plaintiff A served as the secretary general of D, and Plaintiff B as the head of D’s planning team.
B. On July 28, 2016, the Plaintiffs were sentenced to a fine of KRW 3 million (Plaintiff A) and a fine of KRW 1.5 million (Plaintiff B) between October 4, 2010 and December 24, 2010 (hereinafter “relevant criminal judgment”), and the above judgment became final and conclusive (hereinafter “relevant criminal judgment”) with respect to the facts that the Plaintiffs embezzled KRW 20630,000 in relation to D’s funds from around October 4, 2010 to December 24, 2010.
(2) On October 28, 2016, D removed measures against the Plaintiffs.
(hereinafter “instant disposition”). C.
The provisions relating to this case in the relevant provisions of the articles of incorporation, including the defendant's articles of incorporation are as follows:
[Rules of the Association (Enactment. 7, 1998, Amended by Act No. 11993, Aug. 24, 2013)] Article 10 (Expulsion Punishment for Members) 10 (Expulsion Punishment) (1) If a member falls under any of the following subparagraphs, he/she may be expelled after obtaining approval from the Round:
1. A person who submits a written withdrawal at his own will;
2. A person who is unable to participate in the plenary session due to death, immigration, missing, etc.
(3) Detailed matters concerning the expulsion, disciplinary action, reward, etc. of members shall be stipulated separately.
[Establishment and Composition of Personnel Committee) Article 4 (Establishment and Organization of Personnel Committee) (1) of the Regulations pursuant to Article 10 of the Regulations.