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(영문) 대전지방법원 2018.07.04 2016가합104757
이사회 결의 무효확인
Text

1. We affirm that a resolution to dismiss a plaintiff among the resolution by the board of directors made on July 7, 2016 by the defendant is null and void.

2...

Reasons

The defendant is an organization with the objective of "all social education for the full participation and realization of equality", and the plaintiff is a regular member of the defendant.

On July 7, 2016, the Defendant made a resolution to dismiss the Plaintiff on the ground that “The representative director D did not comply with the result of the first extraordinary board of directors’ deliberation in 2013 (written request for a resolution to comply with resolutions, articles of association, and regulations of the board of directors), refused official visits by the head of the federation, and decided to withdraw from the Defendant to other member organizations” (hereinafter “instant expulsion resolution”), and notified the Plaintiff on July 11, 2016.

Accordingly, on July 15, 2016, the Plaintiff filed a request for a retrial with the Defendant on July 15, 2016, and the retrial procedure commenced on July 21, 2016, but the Defendant concluded the retrial procedure on the ground that the Plaintiff participated in the Plaintiff’s representative or representative, other than the Plaintiff’s representative director.

On November 7, 2016, the defendant held a temporary directors meeting to re-resolution a resolution to dismiss the plaintiff in a state where the plaintiff did not attend the meeting.

(hereinafter “instant ruling”). The main contents of the Defendant’s Articles of Incorporation and the detailed rules on the enforcement of the Articles of Incorporation are as follows:

Article 18 (Disciplinary Action against Members and Withdrawal of Members) (1) When a member of a federation commits an act contrary to the purpose of a federation's establishment or commits an act significantly impairing the honor of the federation, the chairperson may take disciplinary action, such as expulsion, upon resolution by the board of directors.

Article 37 (Convocation, etc. of Board of Directors) (3) In convening the Board of Directors, the Chairman shall notify in writing seven days before the meeting is held, specifying the purpose, agenda, date and place of the meeting.

The grounds for disciplinary action under Article 18 (1) of the Articles of Incorporation of the Regulations on Enforcement of the Articles of Incorporation shall be as follows:

1. An act contrary to the purpose of the Federation’s business;

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