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(영문) 대구지방법원 김천지원 2018.06.01 2018가합32

징계결의무효확인

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1. We affirm that the Defendant’s disciplinary action against the Plaintiffs on January 16, 2018 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is an organization established for the purpose of protecting the rights and interests of private taxi business operators in G, promoting friendship, promoting welfare, etc.

The defendant-affiliated office consists of six groups consisting of 200 members.

B. Plaintiff A and B were elected at the general meeting of the members of the Defendant on November 17, 2016, as auditors.

Plaintiff

C, D, E, and F were elected by the General Assembly on November 17, 2016, respectively, as operating members.

C. In order to take disciplinary action against the Plaintiffs six and H, the Defendant notified 19 persons, excluding seven persons subject to the above disciplinary action, among the total 26 members of the Defendant’s Disciplinary Committee (executive officers, auditors, and operating members), to convene a disciplinary committee on January 16, 2018, and passed a resolution on disciplinary action against the Plaintiffs with the following contents (hereinafter “instant disciplinary action”).

H did not adopt a resolution of disciplinary action due to the failure to meet the quorum. As a result of the Plaintiff’s disciplinary action, the Plaintiff’s expulsion Nos. 10 / 10 / 2 / 2 / 10 / 3 3 / 3 3 3 / 10 / 10 / warning 10 / 10 / 3 2 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 10 3 10 3 3

D. Following the resolution of the above disciplinary committee, the defendant notified each of the plaintiffs that the plaintiff A would be subject to disciplinary action as stated in the above resolution on the ground that the remaining plaintiffs had grounds for disciplinary action No. 1.

1. Dissemination of false facts, defamation of the head of a cooperative, and undermining the unity of members (hereinafter referred to as "grounds for disciplinary action 1");

2. Non-return of audit documents and branch assets (hereinafter referred to as "reasons for disciplinary action 2").

E. The Defendant’s articles of incorporation, election management regulations, and disciplinary regulations relating to this case are as shown in the attached Form.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 9, 11, 13, and Eul evidence Nos. 1, 8-11 (including each number).