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(영문) 제주지방법원 2018.09.13 2017가합12352

징계무효확인 등

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1. On August 15, 2017, Defendant B’s volunteer association confirms that the expulsion against the Plaintiff is null and void.

2. Defendant C.

Reasons

1. Facts of recognition;

A. Relevant parties 1) Defendant B’s volunteer association (hereinafter “Defendant B’s volunteer association”)

(2) The Plaintiff is a non-corporate body that provides call-out services to private taxi drivers registered as members in Jeju-si. Defendant C is a person who served as the Chairperson of the Defendant Service Council at the time of the disposition of expulsion against the Plaintiff as deemed below. 2) The Plaintiff is an individual taxi driver.

B. On August 8, 2017, the Plaintiff, E, and Defendant C’s 1), who is an employee in charge of the allocation of Defendant C’s volunteer group, was assigned to the Plaintiff on August 8, 2017, but the Plaintiff resisted that the Plaintiff did not go to the office and did not go to the office double to E, and that the Plaintiff did not go to the office double. 2) Thereafter, the Plaintiff asserted with Defendant C in relation to the operation of the Defendant’s volunteer group, including the Plaintiff.

C. On August 14, 2017, Defendant 1’s disposition of expulsion against the Plaintiff was publicly announced on August 14, 2017, Defendant 2: (a) Defendant 2 held a punishment committee at around 15:00 on the same day and passed a resolution to warn and correct the Plaintiff due to the reason that the Plaintiff would impede the smooth operation of the Defendant 1’s meeting, such as the Plaintiff’s occurrence of disturbance with respect to the dispatch, etc.; (b) Defendant 2 decided to issue a warning to the Plaintiff; (c) Defendant 1’s refusal by wire to ask the Plaintiff whether the Plaintiff would be subject to death; and (d) the Plaintiff rejected it on the ground that the Plaintiff did not reflect against the Plaintiff at around 16:00.

(hereinafter “instant expulsion Disposition”). Around 16:33 of the same day, Defendant Service Association notified the Plaintiff that it was expelled from a mobile phone text message, and publicly announced that the Plaintiff was expelled on August 15, 2017. D. The main contents of the articles of incorporation of Defendant Service Association related to disciplinary action among the articles of incorporation of Defendant Service Association are as follows. Article 8 (Members who did not observe the following provisions) of Chapter 2 Members shall be referred to the Disciplinary Committee and shall be subject to disciplinary action in accordance with the provisions.

3.The telephone shall be made to the Secretary after the completion of assignment or assignment at the office.