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(영문) 의정부지방법원고양지원 2019.10.25 2019재가합27
제명처분무효확인 등
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, and.

Reasons

1. The following facts are apparent in the records:

(1) The circumstances leading up to the instant case (1) The incorporated association B (hereinafter “the instant federation”) is a subordinate organization of the incorporated association D (hereinafter “D”) and the Defendant C Apartment Complex Center (hereinafter “Defendant”) is a subordinate organization under the management of the Seongdong-gu Association of the instant federation and the Seoyang-gu Branch of the Seoul Metropolitan City (hereinafter “Yyang-gu Branch”).

On November 15, 2015, the plaintiff was elected as the chairperson of the defendant and performed the position of the chairperson.

(2) On July 13, 2017, the Gyeyang-gu branch held a deliberation committee on punishment on the grounds that there is a dispute between the Defendant and its members, and made a resolution on the following grounds: (a) on July 27, 2017, stating that “the agenda for re-election of the president may be notified, and the normalization of the operation of the center for senior citizens may be made by holding an extraordinary general meeting; and (b) notified the Plaintiff that the contents of the said resolution will be implemented (hereinafter “instant notification”).

(3) As the Plaintiff did not hold the Defendant’s extraordinary general meeting, on August 2, 2017, the Gyeyang-gu branch again convened a punishment deliberation committee, which decided to “non-performance of instructions to hold an extraordinary general meeting for a period of five years” against the Plaintiff as grounds for disciplinary action. On August 18, 2017, it held the board of directors and passed the expulsion disposition against the Plaintiff.

(4) On October 26, 2017, the Plaintiff filed an application for reexamination to the instant federation regarding the disposition of expulsion of the Gyeyang-gu Branch. The instant federation held a deliberation committee on punishment on the following grounds: (a) the head of the instant federation failed to make efforts to resolve the inequality with members; (b) failed to establish the regulations on the operation of the center for senior citizens; (c) caused conflicts by disregarding the articles and regulations of the D’s articles of association and regulations; and (d) attending the deliberation committee on punishment with bad attitudes; and (d) caused disturbance in organizational discipline by causing disciplinary action against the Plaintiff (hereinafter “instant reexamination decision”).

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