징계결의 무효확인등 청구의소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a company running a “D” golf course in the Glock-gun C (hereinafter “Defendant golf course”), and the Plaintiff is serving as the Defendant’s auditor from November 15, 2014.
B. On March 27, 2017, the Defendant’s in-house director E (from March 26, 2016 to March 26, 2018, who served as an in-house director, and who served as a joint representative director from April 7, 2017 to March 26, 2018) requested the Plaintiff’s disciplinary action against the Defendant’s joint representative director and the Chairperson of the Operation Committee to the effect that “the Plaintiff would be subject to disciplinary action at the Ethics Committee.”
C. On July 4, 2017, the chairperson of the ethical subcommittee of the Defendant sent to the Plaintiff along with a written request for disciplinary action E, stating that “A request for explanation and testimony for the case of member disciplinary action shall be submitted to the Plaintiff by submitting a written statement as to whether the extra petition is true, if attendance is impossible.” On July 9, 2017, the chairperson of the ethical subcommittee of the Defendant sent to the Plaintiff the same day the written request for disciplinary action, stating that “A request for explanation and testimony for the case of member disciplinary action shall be submitted to the Plaintiff.” On the same day, the chairperson of the ethical subcommittee of the Defendant sent to the Plaintiff the same day the written request for disciplinary action against the Plaintiff, stating that “A member of the ethical subcommittee of the ethical subcommittee to hold a subcommittee and deliberate on the case, even if it is bad, the Plaintiff will be present at the prime time.”
On July 8, 2017, the Plaintiff submitted to the Chairperson of the Defendant Operational Committee a statement to the effect that the Plaintiff “written vindication of the E director’s ethical portion and the filing of a lawsuit,” and that “I do not have memory to have given a direct contribution to the amount of construction work.”
E. On July 9, 2017, the Defendant’s ethical subcommittee held the fifth meeting on July 9, 2017 and decided that “the Plaintiff shall be suspended from using the club for five months as the Defendant’s member for the following reasons.”
(hereinafter referred to as “instant disciplinary action”).