징계의결무효확인의 소
1. We affirm that the Defendant’s resolution to dismiss the Plaintiff from position as an adviser on October 9, 2014 against the Plaintiff is null and void.
2...
Basic Facts
The defendant is a branch office of the Korean Exemplary Drivers Association, which is an incorporated association's chapter C, and is an organization to which exemplary drivers belong and engage in traffic safety and service activities.
In around 1987, the plaintiff was commissioned as the adviser of the defendant since he was appointed as the president of the branch of the defendant, and D, who was the president of the defendant, was reappointed to the president of the branch around July 19, 2014.
On June 30, 2014, the Plaintiff and the president of the branch of the Defendant raised an objection to the Defendant’s fund management to D, who is the president of the Defendant’s branch of the branch of the branch of the branch of the Defendant. D, among its members, took a bath to the Plaintiff, and the Plaintiff also took a bath to D.
The Plaintiff and D filed a complaint with each investigative agency against each other. The Plaintiff filed a complaint with the investigative agency to withdraw the complaint against the Plaintiff, and was subject to a non-prosecution disposition by the investigative agency, but D was indicted as a charge of insulting the Plaintiff as stated in the foregoing paragraph (1) and received a summary order of KRW 50,000 from the Busan District Court on December 11, 2014, which was issued by the Busan District Court for the offense of insult No. 2410, Dec. 11, 2014.
On the other hand, the defendant's member filed a complaint against D on the charge of occupational embezzlement against the defendant, and D returned the above amount to the defendant on September 24, 2014 because the defendant's total official book was not organized and thus the difference corresponding to the money occurred. The prosecutor received a disposition from the prosecutor on September 24, 2014 that there was no suspicion due to the lack of evidence as to occupational embezzlement.
On October 9, 2014, the Defendant Disciplinary Committee for the instant disciplinary decision against the Plaintiff was examined on and around January 9, 2014 on the Plaintiff’s house by the Defendant’s pre-inspection of the Defendant’s election list of E, a member of the Plaintiff’s house. On May 30, 2014, at G cafeteria located in Busan F, the Defendant’s 13 members of the Plaintiff were allowed to engage in an election campaign by speaking that D, who was the head of the Defendant’s branch at the time, would not become the Chairperson.
‘The reasons for the disciplinary action' are the same.