Whether a expulsion disposition against a member of an organization is subject to the validity review of the court.

The expulsion disposition against a member of an organization, such as the Busan City/si Passenger Transport Association, which is an incorporated association, is deprived of the member's status against the will of the member, so it shall be recognized only as a final means in inevitable cases for the interests of the association. In addition, in a case where the association has ordered the expulsion of a member, the court may review the validity of expulsion disposition by examining the existence of the reason for expulsion and

Articles 68 and 73 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Plaintiff 1 and two others

Busan City Urban Passenger Transport Association (Attorney Han Hong-kon et al., Counsel for the defendant-appellant)

Busan High Court Decision 92Na5232 delivered on March 31, 1993

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged the fact that the plaintiffs were punished for the organized opposing movement with regard to the person who has the nature of the mutual aid project of the defendant union and the self damage inquiry business as stated in its reasoning, and such opposing movement is a peaceful criticism activity in order to point out the problems arising from the defendant union's improper operation of the above mutual aid business without any legal basis and contribute to the formation of correct public opinion, and to promote the sound development of the union. In the process, even if the defendant union criticizes the defendant union's mutual aid fees compared with the rates of other large-scale mutual aid, it is not a malicious criticism. Thus, the plaintiffs' act does not constitute an act of failing to faithfully comply with the obligations as a member of the association, which is the reason for expulsion stipulated in Article 10, Article 11, such as the articles of association, or detrimental to the development of the union and the protection of the business rights of the company, and instead, it constitutes a legitimate criticism activity against the executive body as a member of the association.

In light of the records, we affirm the fact-finding and judgment of the court below that the plaintiffs' act does not constitute grounds for expulsion, and there are no errors in law.

An expulsion disposition against a member of an organization such as a defendant union is to deprive him/her of his/her status against the will of the member, so it shall be recognized as a final means in extenuating circumstances for the interests of the union. In addition, in cases where an association removes a member, the court may consider the validity of expulsion by considering the existence of the reason for expulsion and the legitimacy of the contents of the resolution. From the contrary view, an expulsion of a member belongs to the autonomous sphere of the union and cannot be subject to examination by the court.

In addition, the decision of the court below that the defendant union's business without the permission of the Minister of Finance and Economy or without the grounds of other Acts and subordinate statutes conflict with the Insurance Business Act is nothing more than additional matters, and in light of the records, the decision is just and there is no error of law by misunderstanding the legal principles as pointed out in the theory of lawsuit. All arguments are without merit.

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-ju (Presiding Justice)