징계처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) The parties concerned are non-profit incorporated associations established pursuant to Article 69 of the Construction Technology Promotion Act with approximately 160 full-time workers as well as organizations engaged in the duties to maintain the dignity and improve the quality of construction engineers. 2) The Plaintiff is a construction engineer in civil engineering field, who is a full-time member at the same time as the Defendant’s full-time member and was employed as the Defendant’s employee until his dismissal on May 23, 2016.
B. On January 18, 2016, the election commission of the defendant's representative against the plaintiff 1) on November 2, 2015, the election commission of the defendant made a request for prior approval from the committee on November 2, 2015 for the release of data related to the election of the 8th representative, and requested the defendant to cooperate with the defendant on the implementation of the duty of neutrality in the election of employees (in a direct or indirect manner, the employee shall not intervene in the election regardless of the reason) and announced that the head of the association would demand the action corresponding to the pertinent act. On November 4, 2015, the defendant sent the notice to the former department of the 8th election period that the plaintiff would be able to meet the cooperation of the election commission. 2) On November 1, 2016, the plaintiff, the president of the defendant's former branch office, notified the defendant's members of the defendant that "at least 3D 100-150 voting papers in the construction field", "at least 5 voting signs or voting papers".
3) On January 13, 2016, the Defendant obtained information on the Plaintiff’s act described in the foregoing paragraph (2) and started a special audit. The head of the Defendant’s association made a request for disciplinary action against the Plaintiff to the personnel committee on January 14, 2016, and on January 15, 2016, the Plaintiff was present at the personnel committee, which is scheduled to be held on January 18, 2015.