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(영문) 서울중앙지방법원 2016.06.02 2016가합1910

징계무효확인

Text

1. We affirm that the Defendant’s disciplinary decision against the Plaintiff on December 28, 2015 is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. 1) The Defendant is the Korean Senior Citizens Association of Korea (hereinafter “Korea Senior Citizens Association”) established with the aim of contributing to social development, such as enhancing the rights and interests of the aged, promoting their welfare, and volunteer activities.

(2) On April 1, 2014, the Plaintiff was appointed as the vice-chairperson of the branch of the Korea Senior Citizens Association B (hereinafter “the branch of the instant branch”), a local organization of the Korea Senior Citizens Association (hereinafter “the branch of the instant branch”). The oldest of the vice-chairpersons of the instant branch of the branch of the instant case is the senior vice-chairperson of the branch of the instant branch of the instant case and the chairperson of the ethical ethics

B. On August 24, 2015, and October 13, 2015, the Plaintiff held an ethics committee of the instant branch on the grounds of “ex officio abuse” as to C, who is the president of the instant branch, on August 24, 2015, and on October 13, 2015, decided that D, who is the vice-chairperson of the instant branch, included each of the instant sub-councils in the position of the chairperson of the center for senior citizens and suspended the qualification as an executive officer, on the grounds of “damage, etc.”

In addition, on October 30, 2015, the Plaintiff held the Ethics Committee of the instant branch on the 1st of the instant branch on October 30, 2015, and on the grounds of “act of disturbance in organization, etc.” with respect to the director E, F, G, and H of the instant branch’s position, “three years including the president of the membership center, and

2. With respect to I, “five years for membership (including the president of the senior citizen’s office) and for the suspension of qualification for executive officers” on the grounds of “Instigation, disturbance of organization,” etc.

3. As to J, each of the disciplinary actions against members (including the president of the senior citizen’s office) and five years of suspension of qualification for executive officers on the grounds of “abstinence of organization disturbance, violation of instructions, defamation, or misconduct by taking advantage of official authority.”

(A) Evidence Nos. 1 and 4; hereinafter referred to as “C, etc.”). 2C, etc. filed a petition for reexamination of the instant branch’s disciplinary resolution by the Ethics Committee, which is the next upper level deliberation committee, with respect to the instant branch’s disciplinary resolution by the Ethics Committee. The Defendant shall be punished deliberation committee to deliberate on the reexamination of C, etc. on December 14, 2015.