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(영문) 서울동부지방법원 2020.07.16 2018가합114868

징계결정무효

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 20, 2016, the Plaintiff was a person who was appointed as the president of the Defendant C Association.

B. On March 27, 2018, the Sports Process Committee established under the Defendant’s articles of incorporation held a meeting on March 27, 2018, and made a two-year disciplinary resolution of qualification suspension due to the grounds for the disciplinary action “the Plaintiff’s accounting fraud and negligence related to the utilization of personal funds in the budget in 2016, ② the Dolg Encouragement in 2016, and the injury of dignity related to the payment of national core rewards” (hereinafter “prior disciplinary resolution”). The Defendant notified the Plaintiff of the details of the said disciplinary resolution on March 29, 2018.

(hereinafter referred to as “prior disciplinary action”). (c)

The Plaintiff applied for a provisional disposition suspending the validity of the Defendant’s prior disciplinary action as the court 2018Kahap234. On November 6, 2018, the said court rendered a provisional disposition suspending the validity of the prior disciplinary action on the ground that “it is difficult to recognize the grounds for disciplinary action against injury to property, there is any defect in violation of the quorum for disciplinary action, and the disciplinary action is excessive.”

On November 13, 2018, the Sports Process Committee established by the Defendant held a meeting on November 13, 2018 and held a “the one-year disciplinary resolution of qualification suspension” (hereinafter “instant disciplinary resolution”) on the same grounds as the grounds of prior disciplinary action, and the Defendant notified the Plaintiff of the details of the relevant disciplinary resolution on November 14, 2018.

(hereinafter “instant disciplinary action”). E.

The Plaintiff filed an application for review with the sports fairness committee under the Korea Sports Council for the instant disciplinary action, but the sports fairness committee under the Korea Sports Council dismissed the Plaintiff’s application for review on January 28, 2019.

F. The Plaintiff applied for a provisional disposition suspending the validity of the instant disciplinary action under this Court Decision 2018Kahap10518, but the said court did not provide an opportunity to vindicate at the time of the instant disciplinary action, as long as the Plaintiff provided an opportunity to vindicate at the time of the disciplinary action on February 13, 2019.