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(영문) 서울중앙지방법원 2014.12.11 2014가합34114
회원제명처분 무효확인
Text

1. The Defendant’s disposition of expulsion of membership against the Plaintiff on June 13, 2014 confirms that the disposition of expulsion of membership is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. 1) The Defendant is an incorporated association established with the aim of improving the status of a business proprietor and protecting the rights and interests of women based on the Act on Support for Female-Owned Businesses, and supporting the activities of female-owned businesses to contribute to the development of the national economy. 2) The Plaintiff became a full member of the Defendant around May 11, 2004, and was elected at the meeting of the Defendant B branch office on December 201, 201 as the head of the B branch office (from January 1, 2013 to December 31, 2015).

B. 1) Each branch affiliated with the Defendant is in charge of the verification of female-owned businesses as delegated by the Small and Medium Business Administration. 2) Defendant B branch, a member of Defendant B branch, was inspected to confirm female-owned businesses from April 2013 to March 2014.

However, when it is difficult for a female member to pay an actual inspection allowance because the female member is not the defendant member or female-owned business, C fabricated documents as if it lent the name of the member affiliated with the defendant B Association, who did not participate in the actual inspection, and filed a claim for the actual inspection allowance with the Secretariat of the defendant B Association.

3) The Secretariat of the Defendant B branch, knowing such fact, paid a total of KRW 224 won for the inspection allowances of KRW 6,520,000 for the total of 224 items in the name of D (hereinafter “the case of improper execution of the actual allowance”).

C. C. The Defendant’s membership disposition 1) The Defendant’s president, on April 16, 2014, requested a written resolution of the board of directors by sending a written resolution attached to the written resolution to the Defendant’s director in order to make a written resolution as to the non-execution of the Plaintiff’s inspection allowances to the Ethics Committee. The written resolution contains the following: “The agenda is to be referred to the Association Ethics Committee; the content is to be referred; the discussion on the non-execution of the expenses for the verification of the branch: (a) the Defendant’s 49 registered directors, who are the 49 members registered.”

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