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(영문) 서울동부지방법원 2017.06.28 2016가합106351

징계무효확인의 소

Text

1. The Defendant’s suspension of qualification against the Plaintiffs on July 6, 2016, each of the two-year disciplinary actions against the Plaintiffs is null and void.

Reasons

1. Basic facts

A. The defendant is a juristic person established pursuant to the D Organization Act (hereinafter “D Organization Act”), and the plaintiffs are the chairperson of the City/Do Council under the defendant's jurisdiction around February 2015, the chairperson of the I Organization, the chairperson of the J Organization B, and the defendant's executive officers appointed to the president of the K Organization.

B. 1) On November 30, 2015, the Defendant E president of the instant general meeting was detained on charges of taking property in breach of trust, etc., and accordingly, G performed the Defendant’s duties on behalf of the president from December 4, 2015. The Defendant held an extraordinary general meeting on January 13, 2016 and dismissed F from the Defendant’s president. 2) on March 16, 2016, the Defendant publicly announced that the Defendant held the Defendant’s general meeting in 2016 (hereinafter “instant general meeting”) on April 15, 2016. The publicly announced agenda included a proposal for improving executive officers (hereinafter “instant general meeting”) with the content of the H president’s election (hereinafter “instant election”).

3) However, on April 13, 2016, the Minister of Patriots and Veterans Affairs ordered G of the Defendant Chairperson’s Acting Director to postpone the instant election on the ground that “it is inappropriate that three among five candidates for the instant election and most representatives are undergoing prosecution investigation under the circumstances where the instant election is being conducted by suspicion of acceptance of money and valuables at E’s election.” On the same day G notified members of the instant proposal to exclude the instant proposal from the instant general meeting agenda. 4) April 15, 2016, the instant general meeting was held on April 15, 2016, 314 representatives, including the Plaintiffs (372 representatives), including the Plaintiffs (372), and Plaintiff B issued an urgent proposal to dismiss the G Chairperson’s Acting for the performance of duties and the Vice-Chairperson of the instant group (hereinafter “the instant proposal for dismissal”). In response to the instant proposal, Plaintiff B declared the “the instant proposal for dismissal” (hereinafter “the instant committee”).

5. 314 Delegates present at the meeting of the instant case after the lapse of 5.