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(영문) 서울고등법원 2017.03.29 2016나2070919

징계사항 무효청구

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an incorporated association that runs the business of hosting and supervising ice-type competitions, and is affiliated with the Korean Olympic Committee.

The plaintiff is a person who completed the registration of a leader in accordance with the procedure set by the defendant and worked as a leader in the field of ice.

Grounds for Article 13(1)1 of the Disciplinary Action in Chapter III of the Regulations of the Monetary Punishment Committee: Expulsion (Franchising executives, members of the Committee, registration of official documents, guidance for cocosting, etc.)

B. On April 29, 2010 and April 30, 2010, the Defendant decided to dismiss the Plaintiff on the grounds that the Plaintiff participated in the collusion before the shocking. On May 19, 2010, the Defendant issued a disciplinary measure to dismiss the Plaintiff upon a resolution of the board of directors.

(hereinafter “instant expulsion disposition”). The instant expulsion disposition becomes final and conclusive without the Plaintiff’s objection, and the details of the expulsion disposition notified by the Plaintiff from the Defendant at the time of the expulsion are as follows.

C. After that, the Defendant enacted the disciplinary rules for acts disturbing the order of the stadium among the Games that prescribe disciplinary actions on collusion (hereinafter “Disciplinary rules”) and implemented since July 28, 201.

Attached Table 2 of the Disciplinary Rule (Prohibition against the full-time access to the stadiums during the period of competition organized and supervised by the nationwide City/Do Federations of this year) shall be set forth as follows:

However, in the competition hosted or supervised by the defendant or its affiliated organizations, when the plaintiff filed a civil petition to enter the stadium and provide guidance, the defendant sent a document demanding the plaintiff not to enter the stadium on the ground of the instant disposition for expulsion.

On the other hand, the plaintiff raised an objection against the prohibition of entry into the stadium, etc.

1. Object: Plaintiff;

2. The decision shall be made on May 19, 2010, in accordance with the decision of disciplinary action - The disciplinary action on May 19, 2010 shall be made in the name of expulsions, and shall be made in the form of the executive officers, members of the Committee, and formal.