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(영문) 서울중앙지방법원 2021.01.08 2019가합544807

징계무효확인

Text

Of the instant lawsuit, the conjunctive claim is dismissed.

The plaintiff's primary claim is dismissed.

The costs of lawsuit.

Reasons

1. Basic facts

A. The defendant is a federation consisting of regional D provisions established by C law.

From March 1, 2008 to March 8, 2018, the Plaintiff served as the president of the F Partnership located in Seo-gu, Daegu-gu (hereinafter “F Association”) and supervised the revenue and expenditure of the F Association and the fund enforcement.

B. 1) On April 5, 2019, the Defendant conducted a general occasional inspection on the instant FF association, and ordered the said F association to notify the Plaintiff of an order for improvement of executive officers on the grounds of “budget execution (misappropriation)” (hereinafter “instant sanctions”), and the said F association implemented the instant sanctions.

C Pursuant to Articles 25 (Duty of Good Faith and Responsibility of Officers), 33 (Business Plan and Budget), Articles 46 (Business Plan and Responsibility of Staff Members), 51 (Business Plan and Budget), and Article 31 (Conversion of Budget) of the D Union’s Business Plan and Budget Guidelines, executives and employees of the D Union shall comply with this Act, orders issued under this Act, the articles of incorporation, regulations, the general assembly and the resolution of the board of directors, and shall perform their duties in good faith to comply with the provisions of this Act, and shall be jointly and severally liable for damages inflicted on D associations intentionally or negligently in the course of performing their duties, and the compilation of the budget shall be accurately compiled according to the business policy, business plan and funding plan, and all expenses and assets purchase of the D Association shall be executed within the scope of the Regulations, and shall be executed within the scope of the D Association’s business plan and budget guidelines, and shall be determined under the pretext of an improper purchase of funds under the name of the president by specifying the difference between the purchase and execution of funds under the pretext of the budget.