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(영문) 인천지방법원 2015.09.18 2014가합8444
임원회의 결정 취소
Text

1. At the Defendant’s executive meeting on May 3, 2014, confirming that a resolution of expulsion against the Plaintiff is null and void.

The plaintiff is the plaintiff.

Reasons

1. Basic facts

A. The defendant is an organization consisting of senior citizens aged 65 years or older who reside in the Dong-gu Incheon Metropolitan City C Apartment with the aim of contributing to promoting the rights and interests of senior citizens and promoting their welfare, and the plaintiff is a member of the above defendant.

B. On May 3, 2014, the Defendant held an executive meeting on the grounds that the Plaintiff, who managed the Defendant’s public fund passbook, made a resolution to dismiss the Plaintiff from the Defendant’s member on the grounds that the Plaintiff, who was in charge of the Defendant’s public fund passbook, was embezzled by withdrawing KRW 300,000 on March 10, 2014, KRW 50,000 on March 18, 2014, and KRW 350,000 on the said passbook (hereinafter “instant resolution”).

Article 9 (Disqualification of Members) If a member of the plenary session falls under any of the following provisions, he/she shall lose his/her membership:

(3) When a person is expelled by a disciplinary action, the main sentence of Article 10 (Punishment) shall be as follows:

(2) Any member who does not cooperate with the rules and resolutions, and impairs his/her honor at a general meeting or a monthly meeting, may be subject to expulsion and penal provisions, by resolution, through the reward and punishment deliberation committee.

C. The Defendant’s rules relating to the instant case are as follows.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 3 (including paper numbers, hereinafter the same shall apply), Eul's 1 through 3, and 9, the purport of the whole pleadings and arguments

2. Determination as to the cause of claim

A. The plaintiff asserts that the resolution of expulsion of this case is invalid because there are procedural and substantive defects.

In this regard, the defendant asserts that the resolution of expulsion of this case is valid since the plaintiff who managed the defendant's public fund passbook was clearly embezzled by withdrawing the sum of 350,000 won in the above passbook twice.

B. Determination 1 on the existence of procedural defects in the resolution of expulsion of this case is the most severe disciplinary measure against the will of the member, and thus, the organization’s expulsion procedure stipulated in its bylaws to resolve the expulsion of the members.

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