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(영문) 대전지방법원홍성지원 2015.09.10 2015가합752
조합장선거무효확인
Text

1. Ascertainment that an election of the head of an association held by the Defendant on March 11, 2015 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is a local agricultural cooperative established under the Agricultural Cooperatives Act, and the Plaintiff, as the Defendant’s member, was a candidate for the election of head of the cooperative (hereinafter “instant election”) held on March 11, 2015 by the Defendant.

B. From March 2014 to August 2014, the Defendant conducted an individual fact-finding survey on the instant election of its members (hereinafter “instant fact-finding survey”) and confirmed the number of electors as 1,415 on February 25, 2015.

C. Around March 11, 2015, the Plaintiff and C participated in the instant election, and 1,198 voters among 1,415 voters, and among them, the Plaintiff acquired 592 marks and 596 marks by acquiring 592 marks and C (10 marks of invalidation) as the head of the partnership.

The main contents of the relevant statutes and the defendant's articles of incorporation are as follows:

The definitions of terms used in this Act shall be as follows:

1. The term "cooperative" means a regional cooperative and a cooperative by item;

2. The term "local cooperative" means a local agricultural cooperative or local livestock cooperative established pursuant to this Act;

Article 15 (Authorization, etc. for Establishment) (1) In order to establish a regional agricultural cooperative, at least 20 persons qualified as its members shall become promoters and shall prepare the articles of association in the area and obtain authorization from the Minister of Agriculture, Food and Rural

In such cases, standards and procedures necessary for authorization, such as the number of cooperative members and contributions, shall be prescribed by Presidential Decree.

Article 19 (Qualifications for Membership) (1) Members shall be farmers having addresses, residences, or places of business in the area of local agricultural cooperatives, and shall not be admitted to at least two local agricultural cooperatives.

(4) The scope of farmers under paragraph (1) shall be prescribed by Presidential Decree.

Article 28 (Joining Agricultural Cooperatives) (1) No local agricultural cooperative shall refuse membership of a person who is qualified as a cooperative member without good cause, or attach unfavorable conditions to membership than other cooperative members.

Article 29 (Withdrawal omitted) (1) Members shall express their intention to withdraw to the local agricultural cooperatives.

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