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(영문) 창원지방법원 마산지원 2017.04.26 2016가합100713

징계결의무효확인의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a branch office affiliated with the Gyeongnam Private Taxi Transport Business Association, consisting of non-corporate groups consisting of those holding a license for private taxi transport business in B, and the plaintiff is a private taxi business entity belonging to the defendant as a member of the Gyeongnam Passenger Transport Business Association.

B. The Defendant: (a) delegated the duties of selecting the black boxes products to be installed in the taxi of its members and the companies that install them to the Promotion Committee for the Installation of Bluors (the same organization as the Promotion Committee for the Installation of Video Recording Equipment; hereinafter referred to as the “Promotion Committee”); and (b) the Plaintiff was selected as the Promotion Committee member (Evaluation Committee) of the Promotion Committee.

C. On May 28, 2016, a promotion committee made a resolution to suspend the Plaintiff’s qualification as a promotion committee member for five months on the ground that “the Plaintiff was appointed as an auditor of a stock company C and violated the duty of integrity and security for five months, such as entering into a letter of commitment performance to raise funds for the promotion of the instant company’s black boxes supply.”

1) On July 1, 2016, 2016, the 12 operating members of the Defendant, including D, requested the Defendant to take disciplinary action against the Plaintiff on the grounds that “The Plaintiff, on the grounds that there was grounds for disqualification of the promotion committee members, determined five months of the qualification suspension of the promotion committee, but the Plaintiff obstructed the meeting, such as demanding the placement of the evaluation committee members at the presentation for the products of the Do association on May 30, 2016.”

In the above conference, the temporary operation committee decided to consider the plaintiff as "reinducing" as "reducing the removal" (hereinafter "the instant disciplinary resolution") and notified the plaintiff on July 12, 2016.

Article 12 (Rights and Duties of Officers and Employees)

4. Operating members;

(a)The operating committee shall faithfully perform its obligations and shall be necessary for the Efforts for the development of its branches and the operation of its branches;