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(영문) 춘천지방법원속초지원 2017.12.21 2017가합30094
조합원지위확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s association (hereinafter “Defendant association”) is a district fisheries cooperative established pursuant to the Fisheries Cooperatives Act by setting the members of Gangwon-gun C, Gangwon-gun as its district district, and the contents of the articles of association of the Defendant association relating to the instant case are as follows.

Article 12 (Qualification for Membership) (1) A member shall be a fisherman who has his/her domicile, domicile, or place of business in the area of the defendant union and runs or engages in (a rough fishing) fishing business prescribed by the Fisheries Act and the Inland Water Fisheries Act for at least 60 days a year.

Article 14 (Entry) (1) A person who intends to become a member of an accused association shall submit an application for accession, accompanied by any of the following documents:

(2) Upon receipt of an application under paragraph (1), the Defendant Union shall refer to the board of directors to examine whether it is qualified as a member, and shall notify the applicant of the examination in writing when it approves the admission.

(3) An applicant for membership shall become a member by paying his/her investment, and in such cases, the defendant union shall enter the list of members without delay.

B. On April 29, 2016, the Plaintiff resigned from the position of executive director of the Defendant Union. On May 30, 2016, the Plaintiff acquired the ownership of Cheongsung-gun, Gangwon-gun, and obtained a permit for coastal fisheries complex from the head of Sung-gun on the same day.

C. On September 26, 2016, the Plaintiff submitted an application for membership to the Defendant Cooperative, along with a certified copy and abstract of the resident registration, a certificate of license for coastal multi-use fishery, and a certificate of shipment of clean protection.

On May 11, 2016, the Defendant Union did not examine the Plaintiff’s agenda item at the board of directors on October 11, 2016 and on November 14, 2016, pursuant to a resolution made at the board of directors on May 11, 2016, that is, “the Plaintiff Union shall examine the Plaintiff’s membership after 60 days from the receipt of the Plaintiff’s application for membership.”

E. The Defendant Union’s members at the board of directors on December 22, 2016.

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