Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 11, 2015, the Defendant held an election for the president of the partnership (hereinafter “instant election”), and H and I opened the instant election. Of the 4,296 electors, 3,396 voters were voting, and H acquired 1,810 votes, 1,552 votes, and H was elected.
B. The statutes and the Defendant’s articles of incorporation related to the instant election (hereinafter “relevant provisions”) are as follows.
[1] Article 20 (Qualification for Membership) (1) of the Fisheries Cooperatives Act shall be a fisher who has a domicile, domicile, or place of business in a district fisheries cooperative zone.
(3) The scope of fishermen under paragraph (1) shall be prescribed by Presidential Decree.
Article 31 (Withdrawal) (2) Where a member falls under any of the following subparagraphs, he/she shall automatically withdraw:
1. If a cooperative member is not disqualified. (3) Each district fisheries cooperative shall verify whether all or part of its members falls under any subparagraph of paragraph (2);
In such cases, whether it falls under paragraph (2) 1 shall be determined by a resolution of the board of directors.
(4) Where a district fisheries cooperative has made a decision to automatically withdraw from its members on grounds falling under paragraph (2) 1, it shall notify the relevant member of such fact without delay.
Article 45 (Board of Directors) (3) The following matters shall be resolved by the board of directors:
1. A member of a fishing village fraternity who resides in the district fisheries cooperative within the area of the fishing village fraternity may join the fishing village fraternity, if he/she is a member of the fishing village fraternity in an examination on his/her qualification for membership and membership therein (Enforcement Decree of the Fisheries Cooperatives);
(2) Any of the following persons may become a member of a fishing village fraternity who has received a resolution at a general meeting:
1. Fishing activities conducted by a fishing village fraternity under subparagraph 10 of Article 2 of the Fisheries Act at a fishing ground within the area of communal fishing right acquired by the district fisheries cooperative, among those who are not eligible for a fishing village fraternity member under paragraph (1);