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(영문) 전주지방법원군산지원 2019.01.10 2017가합12808
조합원제명 의결취소
Text

1. On December 4, 2017, the council of representatives dated December 4, 2017, the resolution of expulsion of a plaintiff from its member is revoked.

2...

Reasons

1. Basic facts

A. The defendant is a cooperative established for the purpose of enhancing the agricultural productivity of its members and expanding the markets for agricultural products produced by its members and distributing them smoothly, and the plaintiff is a member of the defendant.

B. On December 4, 2017, the Defendant: (a) held a board of representatives and held a meeting to act as violence, abusiveism, and personality cultivation with employees belonging to the Defendant Union from the year 2009 to the recent period; and (b) filed an unreasonable civil petition against the “BG modernization project” (hereinafter “instant project”); and (c) held by the Defendant, thereby causing losses to the association or getting lost the credit of the association due to the Plaintiff’s failure to act as a member’s dismissal under Article 12 subparag. 3 of the Defendant’s Articles of association; and (d) made a resolution to remove the Plaintiff from the association (hereinafter “instant resolution”).

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 and 3, the purport of the whole pleading

2. The parties' assertion

A. The resolution of the Plaintiff’s expulsion of this case must be revoked on the ground that there are procedural and practical defects as follows.

1) The Defendant shall notify the Plaintiff of the reason for expulsion and give an opportunity to make a statement at the board of representatives 10 days prior to the opening of the board of representatives to the Plaintiff. Nevertheless, the Defendant did not notify the Plaintiff of the reason for expulsion prior to the opening of the board of representatives by specifically stating the reason for expulsion, and did not guarantee the Plaintiff’s opportunity to make a statement, such as not giving sufficient explanation as to the reason for expulsion due to the Plaintiff’s failure to provide the requested data. (ii) The Plaintiff was punished for the assault case committed around 2010, and did not assault and verbal abuse against the Defendant’s employees, and the Plaintiff’s assault against the Defendant’s employees before 2010 cannot be a valid reason for expulsion of the Plaintiff.

In addition, the plaintiff is a member of the partnership.

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