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(영문) 대구지방법원경주지원 2019.11.29 2019가합159

징계처분무효확인

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1. We affirm that the Defendant’s suspension of qualification for ten months against the Plaintiff on February 1, 2019 is null and void.

2...

Reasons

1. Basic facts

A. The defendant is a non-corporate group with the purpose of protecting the right of association members, improving their social status, promoting friendship among union members, developing the transportation business association, the racing business association, and the racing branch of this case. The plaintiff is the defendant's member.

B. On January 22, 2019, the Defendant held the first regular management committee and decided to refer the Plaintiff to the committee. On January 24, 2019, the Defendant publicly announced that “The Defendant’s meeting of the committee on punishment on February 1, 2019, based on Articles 6(1) and 7(1) of the Articles of Incorporation and Articles 12(1), (5), and 14(1) of the Detailed Punishment Regulations, of the Defendant’s Articles of Incorporation.”

C. On February 1, 2019, the Defendant held a punishment committee and resolved on the suspension of qualification for ten months against the Plaintiff.

(hereinafter referred to as “instant disposition to suspend the qualification.” The Plaintiff’s notice of holding a punishment committee against the Plaintiff, public notice of convening a punishment committee on the instant disposition to suspend the qualification, and the agenda items and minutes are indicated as follows: “In addition, it does not seem that the Plaintiff, despite having lost a lawsuit seeking nullification of the Do representative’s election, does not have the nature of being familiar with or against the Plaintiff, and as a result, filing a lawsuit seeking invalidation of the resolution of the operating committee and a lawsuit seeking a provisional disposition to suspend the performance of duties, thereby causing enormous damages to the Defendant’s membership fees and significantly undermining the Defendant’s honor and credit.”

On February 1, 2019, the Defendant publicly announced the content of the instant disposition suspending the qualification as follows.

1) Details of disciplinary action: The period of suspension of qualifications under Articles 6(1) and 7(1) of the Articles of Incorporation: Ten months (from February 1, 2019 to November 30, 2019) (Article 12(1) and (5) of the Detailed Punishment Regulations): The method of disciplinary action: The resolution under Article 14(1) of the Detailed Punishment Regulations through the Detailed Punishment Committee, subject to the opportunity to vindicate under Article 14(1) of the Detailed Punishment Regulations, and the resolution under paragraph (2): the Chairperson of the Illegal Punishment Committee under paragraph (a).