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(영문) 서울동부지방법원 2018.02.07 2017가합105331

징계처분무효확인

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1. The Defendant’s disciplinary action of qualification suspension against the Plaintiff on November 24, 2016 confirms that the disciplinary action of qualification suspension for one year and six months is null and void.

2...

Reasons

1. Facts of recognition;

A. The defendant is an incorporated association established for the purpose of spreading ice sports campaigns and supporting athletes, etc., and is a member sports group under the Korean Olympic Committee, and the plaintiff is a shock track leader registered with the defendant.

B. On October 22 through 23, 2016, the Plaintiff participated in the 19th conference of the Korean team leader at the ice Stak Stak Stak Stak Stak Stakakakakakakakakakakakakakakakakakak, and around October 23, 2016, at around 13:00, the Plaintiff took a verbal abuse (hereinafter referred to as “instant verbal abuse”) stating that “The players (the sixth grade of elementary school at that time) of other teams belonging to the Mak-friendly team from the stadium corridor-type were unable to have the fluor-type fluor-types. The same fluor-type fluor-type fluor-type fluor-type fluor-type fluor-typeed with our team.”

C. On November 24, 2016, the Defendant opened a sports fairness committee to take the instant disciplinary action against the Plaintiff for suspension of qualification for one year and six months, on the grounds that the “violation of the provisions pursuant to speech violence (defluence)” was a disciplinary cause.

The plaintiff filed an objection with the Korean Olympic Committee, but the Korean Olympic Committee dismissed the plaintiff's objection on February 21, 2017.

Article 22 (Subject Matter of Investigation and Disciplinary Action) (1) of the Regulations of the E-sports Process Committee may report to the Committee any of the following facts if it is recognized that any of the following facts is illegal or unjust in connection with the operation of the E-sports Process Committee and the operation of the organizations and City/Do member organizations, and the Committee may investigate

3. Violence and sexual assault;

5. Where the dignity of ice keepers is extremely damaged, Article 24 (Categories of Disciplinary Action) (2) The disciplinary action against conductors shall be as follows:

1. Heavy disciplinary action: Suspension of transfer, suspension of qualification, dismissal, expulsion;

2. Minor disciplinary action: An illegal or unfair fact that falls under Article 22 (1) 1 through 5 (including any other similar violation).