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(영문) 전주지방법원 2018.01.26 2017가합1461

직무정지무효확인 청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

In fact, the Plaintiff was retired from office as the chairperson of the Defendant from February 8, 2010 to February 8, 2014.

In the process of the defendant's creation of subordinated loans, it was necessary to create subordinated loans according to the decline in net capital ratio around June 2013.

On June 26, 2013, C, which was scheduled to run in the election of the next president, paid 200 million won to the defendant for subordinated loans.

C tried to recover subordinated loans paid to the defendant while giving up the desire to withdraw in the election of the next president.

D on September 4, 2013, it received the above 200 million won subordinated loan claims from C.

In the process of acquiring the above bonds, the Plaintiff, who was the chief executive officer of the Defendant, delivered KRW 50 million to D, KRW 1.5 million, KRW 5 million, KRW 1.5 million, respectively, and KRW 4 million, the agent, KRW 1.5 million.

Of them, G was loaned from the Defendant KRW 8 million, and H was loaned KRW 10 million.

The Intervenor joining the Defendant’s regular inspection against the Defendant (hereinafter “ Intervenor”) conducted a regular inspection against the Defendant from October 4, 2016 to October 7, 2016 (hereinafter “instant regular inspection”). Criteria for inspection are September 30, 2016.

On December 6, 2016, the intervenor's request for measures and the defendant's disciplinary action intervenor requested the defendant to take disciplinary action equivalent to one month of suspension from office on the ground that "the creation of unfair loans in the order of priority and private loans" were disciplinary reasons against the plaintiff.

On December 26, 2016, the Defendant issued a disciplinary action equivalent to one month of suspension from office (hereinafter “instant disciplinary action”) to the Plaintiff.

The grounds for disciplinary action against the plaintiff are as follows: "Preferred Loan cannot be provided directly or indirectly to the creditor through lending, guarantee of payment, etc., and executives and employees shall not engage in monetary transactions, guarantee of payment, etc., but the former president, president D, and director E paid 1 and 200 million won to the former vice president C on June 26, 2013, but the former vice president C paid 1 and 200 million won. < Amended by Presidential Decree No. 24775, Sep.