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(영문) 수원지방법원안산지원 2017.04.06 2016가합1219
총회결의무효 소송
Text

1. We affirm that the Defendant’s resolution of expulsion against the Plaintiff, among the resolution of the general assembly of August 30, 2016, is null and void.

2...

Reasons

1. On August 30, 2016, the Defendant (hereinafter “Defendant Union”) opened an ordinary general meeting on the basis of the facts stated below, and resolved on the title of the Plaintiff, a member of the Defendant Union, for the reasons for the provision of grounds for expulsion and expulsion as follows. Of the total 343 tables, the facts resolved on the title of the Plaintiff, a member of the Defendant Union, were either without dispute between the parties, or recognized in full view of the purport of the entries and arguments stated in subparagraphs A and 2, and the whole purport of the pleadings.

(a) Grounds provision: Article 11(3) of the Articles of association of the defendant association and "where a member causes damage to the association due to intention or gross negligence, nonperformance of duty, etc. as a member, a member may be expelled according to a resolution of the general meeting;

B. Grounds for expulsion: (1) The Plaintiff continued to instigate the partnership officers by using text transmission, banner, Internet cameras, etc. on a number of occasions in which the Plaintiff requested the situation and dismissal of the partnership’s officers, and continued to attract the partnership officers, and made an unfair public announcement of convening a general meeting of dismissal for the partnership officers. (2) The Plaintiff filed a petition and complaint with the Mine Police Station five times, thereby allowing the pertinent partnership officers to investigate into the prosecution several times; (3) filed a civil lawsuit against the partnership officers; and (4) continuously requesting excessive information on information, resulting in a considerable number of time and expenses for the partnership’s duties.

2. Determination as to the cause of action

A. The expulsion disposition against a member of an organization is deprived of the member's status against the will of the member, and therefore, it should be recognized only as a final means in inevitable cases for the benefit of the association (see, e.g., Supreme Court Decisions 93Da21750, May 10, 1994; 2003Da6942, Nov. 12, 2004). Thus, the purpose of the association is to have the member as a member in determining the existence of a substantive reason for expulsion.

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