징계처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 16, 2014, the Korean Bar Association rendered a disciplinary decision to impose an administrative fine of KRW 10 million on the Plaintiff, applying Articles 25, 29-2, and 91(2) of the Attorney-at-Law Act, Article 9(1) and (5) of the Regulations of the Korean Bar Association, Article 3 and Article 23 of the Ethical Rule, and Article 9 subparag. 3, 4, and 5 of the Regulations on Disciplinary Action against the Attorney-at-Law, for the following reasons.
On March 2012, the Plaintiff violated Article 29-2 of the Attorney-at-Law Act by accepting the case of B, which is being investigated as a suspect of a case under the Act on the Control of Narcotics, Etc. at his office, and receiving the commission fee of KRW 11.7 million from the Nowon Police Station, which is an investigation agency, and the Seoul Northern District Prosecutors' Office, without submitting a letter of appointment of counsel or a power of attorney, thereby violating Article 29-2 of the Attorney-at-Law Act.
B. On February 13, 2015, the Plaintiff filed an objection against the above disciplinary decision with the Defendant, but the Defendant dismissed it on July 2, 2015.
(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence No. 1, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is an unlawful disposition that deviates from the scope of discretion or abused discretionary power, taking into account the following: (a) the Plaintiff did not report by negligence when the investigation into B was delayed; (b) the Plaintiff’s mistake and reflects the above mistake; and (c) the cash receipt was issued for part of the fee received from B.
(b) as shown in the attached Form of the relevant statutes;
C. Even if there is an act falling under the grounds for disciplinary action, whether the person having authority to take an action should take disciplinary action against him/her, and what kind of disciplinary action should be taken.