징계처분무효확인
1. On June 7, 2018, the Defendant confirmed that a one-year disciplinary measure of qualification suspension against the Plaintiff is null and void.
2...
1. In full view of the respective descriptions of Gap evidence Nos. 1 to 25 of the basic facts and the whole purport of the arguments, the following facts are recognized:
A. The Plaintiff was subject to a disposition of suspending prosecution on July 30, 2015 on the charge of occupational embezzlement in relation to the use of business promotion expenses around 2009, when he/she was in office as a managing director of the Defendant, a member company affiliated with the Korean Olympic Committee.
B. On May 26, 2016, the president of the Korea Sports Council notified the Minister of Culture, Sports and Tourism that “the Plaintiff was subject to a disposition of suspension of indictment on occupational embezzlement, but the Plaintiff caused social harm by embezzlement of public funds, thereby impairing the Defendant’s dignity, and thus, it would be attempted to take heavy disciplinary measures due to accounting misconduct.”
C. On June 1, 2016, the president of the Korean Olympic Committee demanded the Defendant to implement measures following the notification given by the Minister of Culture, Sports and Tourism.
On August 25, 2017, the Defendant’s Sports Process Committee decided disciplinary action against the Plaintiff (hereinafter “first disciplinary action”) and notified the Plaintiff, etc. thereof.
On November 16, 2017, the president of the Korean Olympic Committee requested the defendant to review on the ground that the primary disciplinary action is inappropriate.
On June 7, 2018, upon such a request for review, the Defendant’s Sports Process Committee (hereinafter “the instant disciplinary action”) against the Plaintiff, whose qualification suspension is less than one year.
A) A new resolution was made and notified to the Plaintiff, etc. The Plaintiff filed an objection against the instant disciplinary action with the Korea Sports Council, but received a decision of dismissal on October 26, 2018. Article 28 (Request for Disciplinary Action) of the Regulations of the Korea Sports Council (Korea Sports Council) (1) of the Regulations of the Korea Sports Council [Korea Sports Council] may request the relevant organization to take disciplinary action upon setting the subject of disciplinary action and the level of disciplinary action upon the resolution of the Committee (Korea Sports Council). However, if the subject is a person under Article 25 (2), the Committee shall be subject to disciplinary action.