In a case where Eul branch, a subordinate organization of the National Federation Gap, opened a board of directors to decide on the holding of a representative general meeting for the election of the president and the composition of an election commission, nominated representatives, and subsequently decided as the elected person who obtained majority of the concurrent votes registered as candidates at the representative general meeting of the representative general meeting, Gap's letter of appointment to the National Federation was approved by the president of the National Federation Gap, and Byung was approved by the chairman of the National Federation, on the ground that the above election and election were defective in failing to comply with the regulations of the National Federation, and Eul sought the confirmation of invalidity of the election and the invalidity of the election, the case rejecting Byung's assertion that the above election and the election are invalid should be determined in accordance with the facts and customs prior to the

The branch of Eul, which is a subordinate organization of the federation Gap, shall hold a board of directors, decide to hold a representative general meeting for the election of the president and the composition of the election commission, appoint representatives, and then decided as the elected person that he obtained a majority of the concurrent votes registered as candidates at the representative general meeting, which was approved by the president of the Gap central association, and was approved by the president of the Gap central association. Byung filed a petition for confirmation of invalidity of the election and the invalidity of the election, asserting that the above election and the election were defective in failing to comply with the regulations of the central association.

The case holding that Eul's branch has no obligation to apply the National Federation Regulations concerning its organization and operation as it is a non-corporate body independent of the National Federation's organization and operation, and that Eul's branch has no choice but to apply the regulations concerning Gap's organization and operation, and it has no choice but to apply the regulations concerning Gap's establishment and operation as it is a non-corporate body that has independent organization and operation, and that Eul's branch has no choice but to apply the regulations concerning Gap's organization and operation as it is more than the membership fees determined by the board of directors of Eul's branch and its representative, which are its representative, and its business is operated with a separate budget; Gap's branch's articles of incorporation; Eul's branch has no choice but to apply the regulations concerning Gap's establishment and operation; Eul's branch's general meeting has no choice but to apply the regulations concerning Gap's election and appointment; since Eul's general meeting has no choice but to apply the regulations concerning the membership of the National Federation's general meeting, and it has no choice but to apply the regulations concerning Gap's general election and appointment of specific representative.

Articles 31 and 106 of the Civil Act, Article 52 of the Civil Procedure Act

Plaintiff (Law Firm Dongdong, Attorneys Yellow-il et al., Counsel for the plaintiff-appellant)

Daegu Metropolitan City Branch of the Korea Lodging Association of an incorporated association (Law Firm Tae, Attorney Lee Tae-tae, Counsel for the defendant-appellant)

Daegu District Court Decision 2016Gahap2578 Decided January 19, 2017

July 6, 2018

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

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

The judgment of the first instance is revoked. The defendant confirms that the election of the non-party 1 according to the election of the president of the branch on February 29, 2016, which was held by the defendant on February 29, 2016, is null and void. Alternatively, the defendant claims that the election of the president of the branch on February 29, 2016, which was held by the defendant, is null and void (the plaintiff claims that "the plaintiff confirms that the defendant has the right to the status of the president of the branch of the branch of the branch of the branch of the first instance,"

1. Basic facts

A. The Korea Lodging Business Federation of an incorporated association (hereinafter “Federation”) was established to promote mutual friendship and public welfare among national accommodation business entities, and the Defendant is the Daegu Metropolitan City Branch of the Federation.

B. On February 4, 2016, the Defendant’s board of directors held a representative general meeting elected by the Defendant’s branch on February 29, 2016, and decided to organize an election commission (non-party 2, non-party 3, non-party 4), and appointed 54 representatives.

C. On February 29, 2016, the Plaintiff and Nonparty 1, a member of the Defendant, registered as a candidate for the election of the president of the branch, and on February 29, 2016, upon holding the Defendant’s election of the president of the branch, Nonparty 1, who obtained the majority of Nonparty 1’s votes with Nonparty 29 and Plaintiff 17 votes with Plaintiff 17 votes, decided as the elected person (hereinafter “instant election”), as the elected person (hereinafter “instant election”).

D. On March 9, 2016, the Plaintiff filed an objection against the instant election on the ground that Nonparty 1 was an illegal election with the chairperson of the Defendant’s election commission. On March 11, 2016, the Defendant’s election commission chairperson notified the Plaintiff and Nonparty 1 that the election of the president was invalid.

E. On April 14, 2016, the chairperson of the Defendant Election Commission notified the Defendant’s representatives to hold an emergency representative meeting to hold a reelection on April 29, 2016. The Plaintiff was run independently in a reelection, and the Defendant’s election commission’s chairperson attended the 17 representatives on April 29, 2016 and tried to declare the Plaintiff’s non-voting on the ground that the Plaintiff was a single candidate at the representative meeting held, but did not declare the Plaintiff as the elected representative.

F. The autonomy rules, i.e., articles of association, election management regulations, and operational regulations (hereinafter collectively referred to as the “central regulations”) of the Federation concerning the instant case are as stated in the “the autonomous regulations of the Federation for Lodging Business of the Incorporated Association.”

G. According to Article 20(2) of the National Federation’s articles of association, the president shall be appointed by the senior president, and according to Article 17(1) of the Regulations on Operation of the National Federation, the president of each level of president who has received associates as the president of each branch shall issue a letter of associates to the subordinate president and register it in the associate ledger. On March 11, 2016, which is after the instant election, the Defendant issued a letter of associates to Nonparty 1 to the National Federation. On April 18, 2018, the president of the National Federation approved Nonparty 1 to be appointed by the president of each branch.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, 5, 11, evidence 12-2, 4, 13, 14, Eul evidence 1 through 4, 7, 19, 20, 6-1 through 4, 21-1 through 6, and the purport of the whole pleadings

2. The main port of safety;

A. Part of the claim for nullification of an election

1) The defendant's assertion

The Plaintiff did not pay the membership fee prescribed in Article 45(1) of the National Federation’s articles of association, i.e., “one day accommodation fee for two-person room”, and lost membership pursuant to Article 7 subparag. 5 of the National Federation’s articles of association at the time of the instant election, and the Plaintiff did not pay the membership fee to the Defendant, and there was no qualification for recommendation. Therefore, the Plaintiff did not have a candidate qualification to withdraw from the election for the president. Therefore, there was no benefit to seek confirmation of invalidity of the instant election. Accordingly, the Plaintiff did not have a benefit to seek confirmation

2) Determination

As seen below 3-D., the defendant's member cannot be viewed as being disqualified immediately even if he did not pay the membership fees under Article 45 (1) of the National Federation's articles of association. Thus, the defendant's prior assertion is without merit.

B. The part of the claim to invalidate the election

1) The defendant's assertion

The plaintiff argues that the election of this case is null and void, and the part of the lawsuit of this case concerning the claim for invalidity of the election of this case is unlawful.

2) Determination

The selective consolidation of claims is a form of consolidation seeking adjudication concerning several claims on the condition that one claim is to be accepted in a case where the performance is sought to the same purport or where the same formative effect is sought based on the right to form several compatible claims (see, e.g., Supreme Court Decision 81Meu120, Jul. 13, 1982). Determination as to whether a combination is selective or preliminary consolidation shall be based on the nature of a combination claim, not a party’s intent, rather than a party’s intent. The scope of adjudication in the appellate trial shall be determined on the basis of the nature of such combination claim (see Supreme Court Decision 2013Da96868, May 29, 2014).

If the election of this case is invalidated, the election of this case does not have the effect, and it is reasonable to regard the lawsuit for invalidation of the election of this case as a preliminary claim filed against the case where the election of this case is valid, i.e., the claim for invalidation of the election of this case, and therefore the defendant's assertion that the claim for invalidity of the election of this case was filed on the premise that

3. Whether the regulations of the National Federation apply (unlawful).

A. The parties' assertion

1) The plaintiff's assertion

The regulations of the National Federation are autonomous legal norms enacted by the National Federation and have the legal effect on the defendant. Thus, the defendant must observe the regulations of the National Federation in the qualification for membership, the composition of representatives, etc., and therefore the election of this case and the election of this case shall be determined based on

2) The defendant's assertion

The defendant, not according to the regulations of the National Federation, recognized qualification for membership according to the custom that is the fact formed by the defendant members and formed a representative. Thus, the effect of the election and election of this case shall be determined not by the regulations of the National Federation but by the custom

B. Legal principles

In case there is a custom different from the provisions unrelated to the good morals or other social order in Acts and subordinate statutes, if the intention of the parties is not clear, such custom shall prevail (Article 106 of the Civil Code).

Article 106 of the Civil Act provides that the standards for interpreting juristic acts of customs in a field in which judicial autonomy is recognized as a general rule, that is, in a case where the enactment of the law in such a field is mainly a discretionary provision, it shall be deemed as the data of judgment in order to supplement the intent as a standard for interpreting the above juristic act. In other words, in a case where the enactment of the law in such field is mainly a mandatory provision, it shall not be effective in this custom unless it is defective in the mandatory provision itself or it is delegated that the mandatory provision itself complies with custom (see Supreme Court Decision 80Da3231, Jun. 14, 1983, etc.).

All citizens shall enjoy freedom of association (Article 21 (1) of the Constitution).

In general, in recognition of the qualification of a member of a private local government, there is no reason to say that a person should be incorporated as a member either artificially or compulsorily regardless of the belief or intent of a person being a member. The freedom of association is an individual freedom of association for natural and legal persons, at the same time guarantee of the formation and existence of a association, and at the same time guarantee of the association association system on the establishment and existence of a association, and the specific contents guarantee of the prohibition of organization enforcement or compulsory and automatic joining, i.e., the freedom of joining and withdrawing from the association (see Supreme Court en banc Decision 2002Da1178, Jul. 21, 2005).

An unincorporated association or foundation may, where it has a representative or administrator, become a party to a lawsuit in the name of such association or foundation (Article 52 of the Civil Procedure Act).

Even one of the subordinate organizations of an incorporated association may be deemed as a non-corporate body independent from the incorporated association, if it has the substance as an entity and performs its independent activities (see Supreme Court Decision 2006Da60908, Jan. 30, 2009, etc.).

In a case where a non-corporate body is admitted to a higher-level organization, the authority to direct and supervise a higher-level organization as a member of the higher-level organization may be recognized, but its authority shall be limited to the extent that it does not infringe on the independence of the member organization. In this regard, unless the member organization receives the rules of the higher-level organization or its articles of incorporation, it cannot be deemed that the rules established by the higher-level organization regarding the organization and operation of the member organization are governed (see Supreme Court Decision 2006Da72109, May 27, 2010, etc.).

An unincorporated association or foundation may become a party to a civil lawsuit if a representative or manager exists. Thus, if a natural father is a social organization in which a decision-making body and executive body are appointed for its own proper purpose with its own members as its members and which independently performs its activities, it shall have the ability to exercise the right as a non-corporate group. However, if a natural father exists as a non-corporate group, first of all, the scope of members of the natural fatherination, the unique nature of the natural fatherination, the existence of a representative as a decision-making body in the natural fatherination, and the existence of regulations or customs on the organization and operation of the natural fatherination shall be determined (see Supreme Court Decision 2006Da64573, Jul. 26, 2007, etc.).

C. Facts of recognition

1) Federation regulations

According to the articles of association of the National Federation, a member shall be disqualified from membership when he/she fails to pay membership fees for not less than three months without good cause (Article 7 subparagraph 4), and the election of officers such as a branch president shall be decided by the consent of not less than a majority of the representatives present at the general meeting of representatives (Article 26 subparagraph 1 and Article 27 (1)), and membership fees shall be determined not less than a daily accommodation fee of not less than two persons per month (Article 45 (1)), and this articles of association shall apply (Article 56) to the Korea Accommodation Association, the branch associations, the branch associations, the organizations of branches, and executive officers and employees (Article 56).

According to the National Federation's election management regulations, a sub-council with at least 120 members shall be elected directly by one representative per 15 members (Article 11-3 (1)), and a re-election shall be held after being nullified by the Election Commission if a member was appointed by a sub-council without being elected by the member (Article 11-3 (4)).

2) The following facts are acknowledged in light of the facts without dispute, the above-mentioned facts, the evidence of the above-mentioned recognition, the evidence of Gap evidence, Eul evidence Nos. 3, 22, Eul evidence Nos. 1, 34-1, 2, Eul evidence No. 11-4, and Eul No. 11-14, non-party 5's testimony of the trial witness, the testimony of the non-party 5 of the trial witness, the fact inquiry to

① The Defendant’s members are hotel visitors in Daegu Metropolitan City. The Defendant did not voluntarily enact its articles of association, election management regulations, and operating regulations, and did not separately decide to comply with the National Federation’s regulations as they are. The Defendant’s board of directors resolved on January 29, 2010 on the membership fee discount proposal and the budget bill in 2010 as indicated below. The Defendant’s general meeting of representatives decided on March 4, 2010 as they are the above membership fee discount bill and the above budget bill, and elected Nonparty 6 as the Defendant’s branch president. At the time, the representatives appointed Nonparty 6 as the Defendant’s branch president rather than the members elected.

Of 201 to 2009 membership fees (wons) 23,000 to 25,000 to 2,000 Gap 18,000 to 13,000 to 15,000 to 2,000 Y 2,000 to 13,000 to 8,000 to 8,000 to 1,000 to 1,000 to 1,000 to 6,000 to 7,000 to 7,000 to 1,000 to 7,000 to 1,000 to 7,000 to 1,00 to 1,00 to ;

② From the time of the resolution by the board of directors on March 4, 2010, the Defendant’s members paid KRW 7,000 to KRW 25,00 per month to the Defendant. The Defendant voluntarily granted membership in the above membership fee if the accommodation business entity voluntarily paid the membership fee, and thereafter did not take procedures for expulsion even if the member did not pay the membership fee.

③ The Plaintiff paid to the Defendant KRW 25,000 per month from 2013 to 2014, KRW 25,000 per month, and KRW 30,00 per month from 2015. From January 2013 to February 2014, the Plaintiff paid KRW 240,00 in total, which is the difference between the actual payment of the membership fee and the daily accommodation fee under Article 45(1) of the National Federation’s articles of association, namely, the membership fee under Article 45(1) of the National Federation’s articles of association from February 19, 2016.

Nonparty 1 paid KRW 20,00 per month to the Defendant, and from August 2014 to December 2015, Nonparty 1 paid KRW 340,000 on February 3, 2016 immediately before the instant election day, in total, the difference between the actual payment of KRW 20,000 per month and the membership fees under the National Federation’s Articles of Incorporation (hereinafter referred to as KRW 40,00 per month).

④ On February 4, 2016, the Defendant’s board of directors decided to nominate 54 representatives, including the business plan, budget plan, and budget bill in 2016. On February 29, 2016, the Defendant’s board of directors passed a resolution on the above business plan and budget bill and held the instant election. On February 4, 2016, the Plaintiff attended the Defendant’s board of directors as the Defendant’s vice-chairperson.

⑤ The testimony of Nonparty 5 by Nonparty 5 is as follows.

The Defendant was operated in the form of a cooperative in the Japanese colonial period, and the Minister of Health and Welfare began to operate in the current name in 1964, upon permitting the establishment of the Korea Lodging Business Federation for the incorporated association. (B) From 1975, the witnesses worked as the Secretary General of the Defendant for the period of 1975, and the accommodation charge for 2-1,000 in the Daegu-gu area is KRW 4-50,000 per day. However, in consideration of the real circumstances, the Defendant, upon voluntary payment of the membership fee at the level of KRW 15,00 to 20,000 per month by the accommodation operator, did not appear to have been expelled for the subsequent members. The Defendant’s representative was not directly elected by the members, and the Defendant’s employees were appointed by the method of preparing a board of directors and making decisions on the above list. The number of representatives in the year 2016 is 54, the reasons for the election management regulations of the Federation is that the representative and the officer should not be elected separately.

6) In the inquiry into the fact to the Federation, the instant court asked the Federation that “the Defendant is entitled to membership fees for accommodation business operators who paid the daily lodging expenses from the establishment of the Plaintiff, not from the date of establishment of the Plaintiff, but from the date of establishment of the Plaintiff. Whether the Federation became aware of such fact, the Defendant appointed the representatives to the board of directors without direct election of the members, and whether the Federation became aware of the organization of the representatives.” The reply from August 14, 2017 by the Federation was not known of the amount of membership fees paid by the Defendant from its members before the instant election was held. The Federation did not know of the amount of membership fees, qualification of its members, and method of organizing representatives.” The Federation did not conduct fact-finding research on the organization of its members, the election of representatives, and the holding of the General Meeting of Representatives.”

According to Article 20 (2) of the National Federation's articles of association, the president shall be appointed by the senior president, and according to Article 17 (1) of the Regulations on Operation of the National Federation, the president of each level in receipt of the associate letter shall issue the associate letter to the subordinate president and register it in the associate ledger. On March 11, 2016, the election of this case at issue, the Defendant issued the associate letter to Nonparty 1 to the National Federation. On April 18, 2018, the National Federation accepted Nonparty 1 as the vice president of the defendant's branch after the above inquiry.

(d) Whether the regulations of the National Federation apply or not (illegally);

The following circumstances acknowledged by the above facts and the above quoted evidence are as follows: ① the defendant limited the scope of its members by paying the membership fees recognized by the defendant among the hotel operators in Daegu, the defendant has the branch chairperson, the board of directors, the decision-making body, and the representative general meeting; ② the articles of association of the National Federation stipulate that Article 56 of the articles of association of the National Federation shall also apply to the branch associations in a separate budget; but the defendant does not have any provision that applies the regulations of the National Federation as they are and there is no resolution of the contents; ③ the National Federation was filed, ③ the National Federation was well aware that the issue of this case was applied to the National Federation when the National Federation was elected to the defendant's Chairperson, and it is reasonable to view that the defendant is a non-corporate body that voluntarily operates its organization and operation, unlike the National Federation regulations, and thus, the defendant is not obligated to apply the National Federation regulations as it is independent of the National Federation in its organization and operation.

(e) the existence or non-existence of a factual custom (esteem);

The following facts are acknowledged based on the above facts. ① The defendant, among accommodation business operators, recognized the membership fee of approximately KRW 40,00,00, which is less than the membership fee of KRW 70,000 per day of the National Federation's articles of association of 45 (1), namely, the defendant's membership fee of KRW 7,000-25,00 per month as determined by the board of directors of January 29, 2010. On the other hand, in the case of accommodation business operators recognized the membership fee, even if they did not pay the membership fee thereafter, they did not lose the membership fee unlike Article 7 subparagraph 4 of the National Federation's articles of association. ② Unlike Article 11-3 (1) and (4) of the National Federation Election Management Regulations, it is reasonable to recognize the defendant's membership fee of at least 10,000, the defendant's membership or representative's membership fee of at least 5,000, and the defendant has continued to hold the National Federation's general meeting for 18 years and 4 years, respectively.

Therefore, whether the election of this case and the election of this case are invalid should be determined in accordance with customs that is facts prior to the National Federation regulations.

4. The part of the request for nullification of an election (Dismissal);

(a) Whether there exists any defect in the composition of a representative;

1) The plaintiff's assertion

The election of this case is invalid because there are the following defects in the composition of a representative who is a voting right holder:

① According to Article 11-3(1) of the National Federation Election Management Regulations, even though a member has to elect a representative directly, Defendant elected a representative by the method designated by the board of directors. According to Article 11-3(4) of the above Election Management Regulations, if a branch office nominates a representative without appointing a representative, it shall be invalid.

② According to Article 11-3(1) of the National Federation Election Management Regulations, a subdivision with at least 120 members shall elect one representative per 15 members. As such, since the number of its members in 2016 is 661, the number of its members in 2016 is 661, and the number of its representatives is 44, the Defendant elected 54 representatives exceeding the prescribed number of its representatives.

(3) According to subparagraph 4 of Article 7 and Article 45 (1) of the National Federation’s articles of association, a member shall be disqualified from membership if he/she fails to pay a membership fee for at least one day of two-person room for at least three months without good cause. Among representatives participating in the election of this case, a person who has failed to pay a membership fee for at least three months has lost his/her membership. Thus, a member shall not

2) Defect in the qualification of a representative (unlawful)

According to the above recognition facts, the defendant did not elect representatives, and the defendant's board of directors appointed 54 representatives on February 4, 2016, the defendant's 2016 number of 661 members and 44 representatives calculated by the ratio of 15 members per 15 members, and the fact that the representatives paid membership fees of less than 25,000 won, which is less than 40,000 won per day of two persons' 1 room.

In full view of the following facts: (a) as seen earlier, the Defendant is not the National Federation Regulations, but the membership and the representative according to the custom that is the fact; (b) the Defendant is not the election of the members according to the custom that is the fact, but appointed a representative by the resolution of the board of directors; and (c) the Defendant recognizes the membership when paying the membership fee of KRW 7,000 to KRW 25,000 per month according to the custom that is the fact, it is reasonable to deem that the representatives participating in the instant election were qualified as representatives according to the custom that is the fact, and therefore the Plaintiff’

3) Defect in the number of representatives (unlawful)

According to the above facts, the above quoted evidence, and evidence No. 8-1 to No. 4, the defendant's representative number is 43 years, 2013, 2014, and 2015. According to Article 11-3 of the National Federation Election Management Rules, a branch which has at least 120 members shall elect one representative per 15 members (Paragraph 1), and an officer shall become an automatic representative (Paragraph 6), and the defendant's board of directors shall appoint at least 40 members who are automatically qualified as representatives and 54 members who are automatically qualified as representatives, in accordance with the above provisions.

As seen earlier, the defendant is not the National Federation regulations, but the membership and the representative according to the custom that is the fact. ② The defendant appoints the representative according to the resolution of the board of directors different from Article 11-3(1) and (4) of the National Federation Election Management Regulations according to the custom that is the fact. ③ In accordance with the provisions of Article 11-3 of the National Federation Election Management Regulations, the number of representatives is the total number of representatives and the representative who are officers. The defendant's 2016 members are 661 members, and the number of representatives elected at the ratio of 15 per 15 members is about 44 (=61 661 ± 15). ④ In light of the fact that 54 of the defendant's 2016 excluding 14 officers among 54 representatives under the above National Federation Election Management Regulations, it is reasonable to deem that the defendant at the time of the election of this case does not exceed 44 persons except for the officers under the National Federation Election Management Regulations, and therefore the plaintiff's assertion is reasonable.

(b) Whether the representative has any defect in identification;

1) The plaintiff's assertion

The defendant received only the formal signature on the register of delegates from the representatives on the election day of this case, and did not go through the identification procedure through the representative certificate, identification card, etc.

2) Determination

According to the above quoted evidence, the National Federation Election Management Regulations only provide for the preparation of the electoral register (Article 15), representative certificates, identification cards, etc., and did not provide for the verification of whether the person is a representative. The defendant was signed by the representative on the election day of this case on the representative list stating the name of the representative, telecom name, and telecom address (Evidence 1) and the fact that there was no objection as to whether the person who signed the representative list at the time of the election of this case is the representative.

According to the above facts of recognition, it is reasonable to view that the defendant has undergone the procedure for identification by obtaining signature on the register of representatives. Therefore, the plaintiff's assertion is without merit.

5. Part of the claim for nullification of the election (Dismissal).

(a) Whether there is any defect in the eligibility for candidate (unlawfully);

1) The plaintiff's assertion

Nonparty 1’s election of Nonparty 1 is null and void, since Nonparty 1 did not have the qualification for the Chairperson as follows at the time of the instant election.

① From August 2014, Nonparty 1 paid the membership fee prescribed in Article 45(1) of the National Federation’s articles of association, namely, the membership fee of two-person 1 room, and paid the difference on February 3, 2016, Nonparty 1 lost the membership fee pursuant to Article 7 subparag. 4 of the National Federation’s articles of association. In order for Nonparty 1 who lost the membership to join again as a member, Nonparty 1 did not obtain the membership fee because Nonparty 1 did not pay the membership fee, despite the payment of the membership fee under Article 6(2) of the National Federation’s articles of association.

② Even if Nonparty 1 re-acquisitions the membership fee on February 3, 2016, which was paid in arrears by Nonparty 1, a candidate for the branch president under Articles 16(3) and 18(2)1 of the National Federation’s articles of association shall have an executive officer’s experience for at least one year, and a candidate for an executive officer who fails to pay or pay the membership fee for at least three months shall lose his/her eligibility for an executive officer for not more than three years. Therefore, as Nonparty 1 re-acquisitions the membership fee on February 3, 2016, he/she failed to satisfy “the officer’s experience for at least one year” at the time of the instant election, and there is no qualification for a candidate for the re-acquisition of the membership fee at the time of the annual date of the election (as of February 3, 2016) or for not more than three years (as of February 8, 2017 or February 3, 2019).

③ Nonparty 1 was recommended by Nonparty 7 and Nonparty 8, and Nonparty 7 and Nonparty 8 did not receive the recommendation as to the membership fee prescribed in Article 45(1) of the National Federation’s Articles of association, and Article 12(1) of the Election Management Regulations and Article 90(2) of the Operating Rules, and Nonparty 1 did not lose the qualification for membership under Article 7 subparag. 4 of the Articles of association. Thus, Nonparty 1 did not obtain the recommendation.

2) Determination

According to the above facts, Gap evidence 23-1 to 5, Gap evidence 24-1, 24-2, and Eul evidence 13, it is recognized that non-party 1 paid 20,000 won monthly membership fees of 20,000 won and the difference between the daily accommodation charge (40,000 won) of 2, 200 on February 3, 2016, and non-party 7 and non-party 8 recommended non-party 1 as a candidate for the branch president, and it is recognized that the non-party 1 paid 20,000 won per month in 2015.

In light of the following facts: (a) the Defendant, as seen earlier, is not the Federation’s regulations; (b) the amount of the membership fees recognized by the Defendant is KRW 7,000-25,000 per month to 7,000 per month; and (c) even if Nonparty 1, Nonparty 7, and Nonparty 8 paid the membership fees of KRW 20,00 per month, it is reasonable to deem that Nonparty 1 was qualified as a candidate for the branch chief according to the fact-finding custom. Therefore, the Plaintiff’s assertion is without merit.

(b) Whether an unlawful election campaign is carried out)

1) The plaintiff's assertion

Nonparty 1: (a) attended the Defendant’s board of directors on February 4, 2016 to provide three soldiers with two weeks; (b) visited the representative’s business places during the election campaign period to provide rice liquor and work; (c) produced and distributed printed materials without obtaining approval from the election commission; and (d) made a campaign by making a speech before representatives on the election day of this case where the election campaign is prohibited; and Nonparty 1’s act constitutes a ground for invalidation of election under Article 32(2) of the National Election Management Regulations, and thus, Nonparty 1’s election is null and void.

2) Legal principles

Where there is a reason in violation of the Acts and subordinate statutes in the election procedure, the relevant election does not become null and void merely because it does not constitute a violation of such Acts and subordinate statutes, and only if it is recognized that the freedom and fairness of the election, which is the basic ideology of the election, has been substantially infringed and thereby has influenced the result of the election, is null and void (see, e.g., Supreme Court Decision 2009Da10258, Jul. 15, 2010).

(3) Election management regulations of the Federation;

According to Article 32 (2) of the Election Management Regulations of the National Federation, where a candidate offers money and valuables to an organization or a person with a right to vote for the purpose of obtaining votes (Article 1), where a candidate and a person with support visit a personnel meeting, branch office, member, representative by personal-level and gives or receives money and valuables, offer the promise or entertainment for the success or defeat of another candidate (Article 3) (Article 32 (3)), and where a candidate for the branch president finds various printed materials (Promotions) distributed to voters without the approval of the relevant election commission (Article 5), or where he/she violates the election campaign period (Article 6) (Article 32 (3).

4) The portion of provision of the two weeks

According to the facts without dispute, the above quoted evidence, and the statement in Gap evidence 16, the fact that non-party 1 attended the meeting of the board of directors on February 4, 2016 and provided two-way three soldiers in the occupation of the occupation of the occupation of the occupation of the occupation-type.

However, in light of the fact that there is no dispute, the following facts acknowledged by the above quoted evidence, that is, the plaintiff was present at the board of directors as the defendant's vice-chairperson on February 4, 2016, and that the participants at the board of directors at the time did not raise any objection against the offer of two weeks to the board of directors, it is insufficient to recognize that the freedom and fairness of the election of this case was significantly infringed solely on the fact that the non-party 1 provided three soldiers to the board of directors on the basis of the fact that the non-party 1 provided two weeks of disease,

5) The portion of rice rice, rice rice, fruits, etc. provided

The plaintiff's assertion is without merit, since the non-party 1 visited the representative's business places during the election campaign period to provide rice tea, fruits, etc., and there is no evidence to acknowledge this.

6) Parts of the distribution of printed materials

According to Gap evidence Nos. 6-1 through 4, the non-party 1 may have distributed printed materials for the election of this case. However, the above facts alone are insufficient to recognize that non-party 1 distributed promotional materials without obtaining approval from the election commission. The plaintiff's assertion is without merit.

7) The part concerning the speech of the participating person

According to the above quoted evidence, Nonparty 1 is recognized as having made a campaign speech using a points on the date of the instant election ( February 29, 2016).

However, the following facts are acknowledged based on the above quoted evidence, that is, Article 21-2 of the Election Management Regulations of the National Federation provides that a candidate may exert influence within seven minutes at the general meeting of representatives in order to develop his career, candidate book, and branch office in accordance with the delegation mark, and does not restrict the method of presenting opinions. In light of the fact that the defendant has given the time to express opinions equally within seven minutes to the plaintiff who is the candidate and the non-party 1, and the non-party 1 has given the time to present opinions using the strike points data, it is insufficient to recognize that the above facts alone are insufficient to recognize that the non-party 1 violated any provision in making a speech by using the strike points, and there is no other evidence to acknowledge this differently, and

(c) Whether the Federation has not accepted it (unlawful)

The plaintiff's assertion is that the non-party 1's election is null and void, since the non-party 1 did not receive a letter from the central association.

As seen earlier, according to Article 20(2) of the National Federation’s articles of association, a branch president shall accept the associates of a superior president, and according to Article 17(1) of the Regulations on Operation of the National Federation, a chief of each level of president who has received associates who are the vice president of a sub-president shall issue a letter to a subordinate president and register it in the associate book. On March 11, 2016, after the instant election, the Defendant issued a letter of associates to Nonparty 1 to the National Federation. On April 18, 2018, the president of the National Federation accepted Nonparty 1 to take the office of the branch president of the defendant, and thus, the Plaintiff’s assertion is without merit.

5. Conclusion

Therefore, all of the claims that the plaintiff changed in exchange at the trial of the party are dismissed as it is without merit (the claim for confirmation of the status as the party is withdrawn from the exchange change at the trial of the party and the judgment of the court of first instance was invalidated). It is so decided as per Disposition.

[Attachment] Autonomous Provisions of the Federation of Lodging Business for an incorporated association: omitted

Judges Jin Sung-chul (Presiding Judge)