제명처분 무효의 소
1. It is confirmed that the Defendant’s disposition of expulsion against the Plaintiffs on June 13, 2017 is invalid.
2. The costs of lawsuit shall be.
Basic Facts
A. The defendant is an incorporated association with the purpose of promoting the rights, interests, and self-reliance of the disabled, and has a City/Do association and Si/Gun/Gu branch under its articles of association. The plaintiff A works for the defendant's member from June 1, 2006 to October 20, 2014 as the head of the C branch secretariat under the defendant's control, and the plaintiff B was employed as the defendant's member as the head of the C branch's civil petition service division from February 2007 to the defendant's member.
B. The Defendant’s articles of incorporation, personnel regulations, and ethical regulations provide for the qualification and disciplinary action of members as follows.
▣ 피고의 정관 제5조(회원의 구분) 협회의 회원은 정회원, 특별회원, 명예회원으로 구분한다.
Article 9 (Withdrawal and Expulsion of Members) (2) Where a member violates ethics regulations by an act detrimental to the honor of the Association as a member, he/she may be expelled by disciplinary action.
Article 36 (Penalty Provisions) (1) Any officer, member or employee of the Association who has impaired the honor of this meeting or has impeded the development of this meeting may be subject to disciplinary action in accordance with prescribed procedures.
(2) The scope of and procedures for disciplinary action shall be prescribed by separate regulations.
▣ 피고의 인사규정 제29조(징계) 협회의 임직원이 다음 각호의 1에 해당하는 때에는 중앙회장은 인사위원회를 통하여 징계를 의결할 수 있다.
1. Where he/she violates the articles of association, regulations, or an order issued thereon;
4. Where he/she intervenes in the interest coupon by improper means, taking advantage of the delegated position;
5. Where he inflicts loss on the property of the Association by intention or gross negligence;
Article 30 (Types of Disciplinary Action) (1) Disciplinary action shall be classified into removal, dismissal, suspension from office, reduction of salary, and reprimand, and the criteria for the determination of objection shall be as prescribed in attached Table 4.
(2) In cases of disciplinary action against dismissal or heavier for a reason under Article 29, expulsion may be made after a resolution of the personnel committee.
▣ 피고의...