beta
(영문) 대전고등법원 2019.11.14 2019누10397

부당징계구제재심판정취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the intervention in the lawsuit.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of this court’s judgment is partially dismissed as follows, and the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, in addition to supplementing the judgment of the plaintiff’s assertion as stated in paragraph (3). Thus, this court’s judgment is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

2. From the bottom of the fourth to the third part, the term "right to collateral security" shall be raised from "right to collateral security".

Part 11 "The volume of "19. Credit (h) acquired or managed collateral" is "19. Credit")".

In the end of the 8th sentence, “On the other hand, the Plaintiff was subject to disciplinary action by the Intervenor on January 5, 2015 on the grounds of “influence of secured loan”. Therefore, even if there was a resolution by the Intervenor’s board of directors on the business process, which is the cause of the instant disciplinary action, the Plaintiff cannot be deemed exempted from its responsibility.”

In the 13th page No. 9-10, the “defensive volume of collateral” means “defensive volume of collateral security”.

3. Additional determination

A. The Financial Services Commission’s disposition with authority to inspect and sanction employees of the financial institution’s summary of the Plaintiff’s assertion is subject to the Administrative Procedures Act. Since the I organization was entrusted by the Financial Services Commission with the authority to request measures against executives and employees of the association pursuant to K law, the I organization’s request for corrective measures is subject to prior notification as prescribed in Article 21 of

However, the I organization has given prior notice to the plaintiff of the "salary reduction and compensation", and prior notice is given with regard to "one month of suspension from office and compensation."