beta
(영문) 서울동부지방법원 2021.01.14 2020가합103243

징계의결 무효 확인 등

Text

1. On August 14, 2019, the Defendant confirmed that the two-year disciplinary decision of qualification suspension against the Plaintiff was null and void.

2...

Reasons

1. Basic facts

A. (Gu)C established under Article 33 of the former Sports Promotion Act (Amended by Act No. 13246, Mar. 27, 2015) and (Gu)D established under Article 7 of the Living Sports Promotion Act was integrated into C in 2016.

Accordingly, the former E (E)F and G also constituted an integrated promotion committee around March 10, 2016 (amended by Act No. 1384, Jan. 18, 2019; hereinafter the same) pursuant to the Regulations on the Registration and Management of Seals (amended by Act No. 1388, Jun. 10, 2016; hereinafter the same) and the representative of the seal registered in (Gu)F and the representative of the unregistered seal, the report on sports facility business of which has been completed under the Installation and Utilization of Sports Facilities Act, were selected as the elector group, and H was elected as the Chairperson on June 24, 2016.

B. (Gu)F and G were dissolved on July 13, 2016 and on the 15th day of the same month through each general meeting, and were integrated into F through the integrated general meeting on July 16, 2016.

F is a subordinate organization of the defendant, and is a regional subordinate organization of I, and the defendant is a member business group of C.

(c)

The plaintiff is a K seal representative who has registered his/her J in F under the defendant F.

(d)

F on July 20, 2016, the F applied for the recognition of the executive officer of H who was elected as the president to C, but C rejected the recognition on December 12, 2016 on the ground of the illegal election campaign by H.

E. On January 6, 2017, H filed a lawsuit against C on January 6, 2017 with the Eastern District Court 2017 Gohap 100121 to confirm the invalidity of an executive refusal, etc. However, the said court rendered a judgment dismissing H’s claim on July 20, 2018, and the said judgment became final and conclusive.

F. On February 19, 2017, one F decided to organize an interim steering committee at the extraordinary meeting of the 57 members present among the 89 members of the said electoral group. Accordingly, on February 27, 2017, one of the 11 areas was elected to organize an interim steering committee.

(g) on April 26, 2017, the Extraordinary Operating Committee:

5. 15. The Election Management Committee was organized by holding a reelection to elect the Chairperson.