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(영문) 서울남부지방법원 2018.11.09 2018가합101469

징계결의 무효확인의 소

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a member of the Defendant’s party, who served as the chairperson of the Council for Party Members (C).

B. On December 26, 2017, the Defendant held a meeting of the Central Ethics Commission to deliberate on the agenda of the disciplinary action against D with the purport that “D spreads false facts, thereby doing an act extremely harmful to the party, and by doing improper speech and behavior as the highest commissioner, thereby damaging the party’s prestige.” On the same day, the Defendant passed a resolution to remove D as the Central Ethics Commission, which was the same as that of the above Central Ethics Commission, and subsequently, dismissed D in accordance with each of the above resolutions.

C. On December 26, 2017, the Defendant: (a) held a meeting of the Central Ethics Commission to deliberate on the disciplinary agenda against the Plaintiff to the effect that “the Plaintiff damaged the Plaintiff’s perception of false facts and improper conduct; and (b) passed a resolution on the warning disposition against the Plaintiff; and (c) given the Plaintiff a warning in accordance with the said resolution.

D On January 4, 2018, a request was made to the Central Ethics Commission for review of the above expulsion.

E. After the request for re-deliberation, D participated in the events of the new society on January 16, 2018, and opened to the visitors to the event, and D requested D to move to or leave the venue on the ground that D was not entitled to participate in the event on the ground that there was a expulsion disposition against D, but D refused to move to or leave the venue.

F. On January 23, 2018, the Defendant issued a meeting of the Central Ethics Committee to dismiss the request for review of D, while the Plaintiff deliberated on the agenda of disciplinary action against the Plaintiff that “the Plaintiff, despite being subject to disciplinary action (C) as the chairperson of the Party Members Council (C), has interfered with the exercise of open E on January 16, 2018, etc., and resolved on the expulsion of the Plaintiff.” On January 24, 2018, the Defendant’s highest committee adopted a resolution on the expulsion against the Plaintiff. The Plaintiff is the same as the Central Ethics Committee.