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(영문) 대구지방법원포항지원 2017.07.21 2016가합11054
제명처분 등 결의무효
Text

1. Resolution on February 24, 2015 by the Defendant’s Steering Committee on February 24, 2015 and July 20, 2016.

Reasons

1. Basic facts

A. 1) The defendant is a branch of the above association consisting of persons who are members of the E Transport Business Association after obtaining a license for G Transport Business from F. The defendant is a non-corporate group with the aim of promoting mutual welfare and friendship among the members, promoting the sound business development of the branch office, establishing the cooperative system between the branch office and the above union, and maintaining and developing the smooth consultative body. The plaintiffs are the defendant's members. 2) The defendant has one chief of the branch office, seven representatives, 12 operating members, 2 auditors, and 3 executive officers of the head of the division. The management committee consisting of representatives and operating members has voting rights to revise the election regulations, regulate the rights of members, and handle the matters to be expelled.

B. On February 24, 2015, the Defendant held a steering committee on February 24, 2015, the Defendant passed a resolution to amend the election regulations to add to Paragraph 6 the following: (a) the Defendant’s election regulations pursuant to Article 6 of the Defendant’s election regulations (including a person who was subject to a resolution to temporarily suspend his/her qualifications) restrict the eligibility for executive officers of the branch; (b) however, the Defendant’s election regulations were amended to add to Paragraph 6 the following: (c) “A person who was subject to a resolution to temporarily suspend his/her qualifications (including a person who was subject to a resolution

C. On July 20, 2016, the Defendant holding a steering committee of the Defendant’s July 20, 2016, as indicated in the attached Table 2, held a steering committee and expelled the Plaintiffs for the following reasons as indicated in the attached Table 2, and ② the Defendant’s election regulations stipulate that “the chief of a branch office and the auditor shall install a suitable call, shall pay in full the amount of the appropriate call fee (in the case of members with a suitable call), and shall install a suitable call during the term of office after the election (in the case of members with a suitable call),” including the following:

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