징계처분무효확인 청구의 소
1. The Defendant’s disciplinary action against the Plaintiff on November 20, 2018 confirms that it is null and void.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. The Defendant is an organization that provides services, etc. to increase the revenue of its members, and the Plaintiff is a private taxi entrepreneur and is a member of the Defendant.
The main contents of the defendant's articles of incorporation are as follows:
Article 47. Disciplinary Action
1. The Disciplinary Committee of the once may take disciplinary action in any of the following cases:
(1) When he/she violates the regulations or rules of the plenary session or interferes with the resolution or direction of the plenary session. < Amended by Act No. 3100, Mar. 3, 2010> (4) When he/she has distributed false facts on the main session or has damaged reputation of the plenary session (excluding gambling, sexual harassment, other crimes); (5) When he/she has instigated the withdrawal of the plenary session without any justifiable reason, he/she may temporarily suspend call service to the employee of the plenary session).
2. The disciplinary committee of plenary session shall discipline members; and
Provided, That the minor disciplinary action shall be governed by the internal disciplinary regulations, and if the Chairperson deems it necessary, he/she may refer the disciplinary action to the disciplinary committee, and other important matters may be referred to the disciplinary committee through a resolution of the Steering Committee.
Article 48 The kinds of disciplinary action shall be as follows:
1. Expulsion (Automatic withdrawal);
2. Call suspension (not less than six days but not more than 60 days);
3. Suspension of call (application of internal disciplinary regulations less than six days).
4. Each letter of execution;
5. Notification of disciplinary action, etc. under Article 50 of the Warning (Delegation of Execution Book).
1. In case of taking a disciplinary action, prior notice shall be given to the parties concerned;
2. Where a disciplinary action is taken, the parties shall be given an opportunity to vindicate themselves;
Provided, That it shall be substituted by a written vindication in light of circumstances.