징계처분취소
1. We affirm that the Defendant’s disciplinary action against the Plaintiff on March 17, 2017 was invalid.
2. The costs of the lawsuit are assessed against the defendant.
Basic Facts
A. 1) The Plaintiff was in office as the ten representative of the Defendant from April 16, 2013 to March 22, 2016, and was in office as the Defendant’s director from May 28, 2016. (2) The Defendant was in office as the Defendant’s director from May 28, 2016. (3) The Defendant was in office as the first president on November 25, 2015. The Defendant was in office as the 10th president, and C was in office as the 11th president, and D was elected as the Defendant’s 11th president.
3) After the above election, C ordered the Defendant’s auditor E and F to conduct an occasional audit on the voting and ballot counting process of the 11th presidential election. 4) The Plaintiff demanded the Defendant to peruse and disclose the data on the “the current status of members of each branch where the right to vote was created as a result of the payment of membership fee between October 1, 2015 and October 23, 2015” and “the current status of ballot counting by the nationwide branch office of the 11th presidential election,” etc. for the same purpose on December 2, 2015, the Plaintiff demanded the Defendant to peruse and disclose the data on the “the name of the North Korean branch of the 11th presidential election and whether the members paid membership fee in September 2015,” stating the purpose of use as “improvement of the 10th presidential election system, etc.,” and demanded the Defendant to peruse and disclose the data for each existing court’s purpose.
5) On December 4, 2015, E, G, and H, a representative of the Defendant, attempted to open a ballot box in their custody sealed in granss at the Defendant’s principal office, but was set off against D’s opposition. 6) On December 7, 2015, the Defendant’s meeting of the chairman of the subcommittee of the emergency representatives held on December 7, 2015 (hereinafter referred to as “meeting on December 7, 2015”).
(1) Under the supervision of an auditor, the ballot boxes shall be opened with a seal affixed to the ballot papers for the 11st Chairperson (the items referred to in subparagraphs 1 and 2). (2) The defendant's request for personal and material measures to smoothly conduct the audit affairs (the items referred to in subparagraph 3, and 3).