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(영문) 수원지방법원 2019.10.30 2019가합13059

징계처분 무효확인

Text

1. On January 23, 2019, the Defendant confirmed that a disciplinary action against the Plaintiff for suspension of qualification for six months is null and void.

2...

Reasons

Facts of recognition

A. The defendant is the B branch of the Korean Olympic Committee, and the plaintiff is the chairperson of the C Association (hereinafter referred to as the “instant Association”).

[ within the instant association, the instant association made a false report to the board of directors on KRW 300 million funded by the DF ] The board of directors held on January 24, 2017, decided to “investment” to the DF 300 million.

However, according to the documents approved by the Bdo Office sports division, the association of this case was confirmed to have contributed KRW 300 million to the Ddo Office.

The term "investment" means investing capital in order to obtain rights, such as shares, and the term "contribution" means the grant of money for a specific purpose, but there is no right to acquire it.

The Plaintiff voluntarily contributed property without the resolution of the resolution body, such as the board of directors of the Association of this case, or neglected to perform his duties as the chairperson of the Association of this case.

(hereinafter referred to as “instant ground 1”). [The Association of this case] leased KRW 53.6 million to the Korea Mutual Aid Association, which was not established, to the Korea Mutual Aid Association, in total, six times from February 28, 2017 to April 5, 2018.

According to Article 46 of the articles of association of the Association of this case, the property of the Association of this case may not be lent or used to a corporation (including non-corporate organizations) that has officers or employees of the Association of this case.

The Plaintiff made a monetary loan agreement on the above loan and instructed the person in charge to disburse it as a passbook in the name of the Plaintiff, thereby lending the budget of the Association in violation of Article 46 of the above Articles of Incorporation.

(hereinafter “instant ground for No. 2”) B.

The Ministry of Culture, Sports and Tourism and the Korean Olympic Committee shall jointly conduct the same year from May 14, 2018.

5. up to 28.28. The same year.

6. From April 1 to the same year.

6. By December 12, 2018, a specific audit of the instant Association shall be conducted and conducted on August 2018.