임시운영위원회결의무효확인의 소
1. Ascertainment that a resolution of the Provisional Operating Committee rendered by the Defendant as of July 12, 2017 is invalid.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. The Defendant is a non-corporate entity under the jurisdiction of the Gyeongnam Personal Taxi Transport Business Association (hereinafter “instant association”), comprised of those who hold a private taxi transport business license in E, and the Plaintiffs are private taxi business entities who belong to the Defendant.
B. On June 29, 2017, the Defendant’s auditor F and G demanded the Defendant to punish the Plaintiffs, who are its members.
C. Accordingly, on July 3, 2017, H, the head of the Defendant Branch, referred the Plaintiffs to the Disciplinary Committee, and submitted explanatory materials by July 10, 2017, and on July 12, 2017, H notified the Disciplinary Committee of the opportunity to make a statement with an opportunity to attend the Disciplinary Committee and to explain the grounds for the request for disciplinary action.
On July 12, 2017, the Defendant held a disciplinary committee and discussed the disciplinary action against the Plaintiffs. As a result, the following disciplinary resolution (hereinafter “instant disciplinary resolution”) was made.
1) Plaintiff A: Plaintiff A: 5 years of qualification suspension for a partner and a branch member; Plaintiff B; 5 years of qualification suspension for a partner and a branch member; Plaintiff C; 5 months of qualification suspension for a member and a branch member; Plaintiff D; 5 months of qualification suspension for a member and a branch member.
E. After the resolution of the above disciplinary action, the remaining operating members, other than the plaintiffs and I, held a temporary operating committee (hereinafter “the instant operating committee”), and revised Article 4(2) of the Defendant’s Election Management Regulations (hereinafter “the instant resolution”), and ② a resolution to withdraw the existing disciplinary action against G (hereinafter “the instant resolution”) (hereinafter “the instant resolution”), including each of the above resolutions, made a resolution to withdraw the existing disciplinary action against G.
Article 4 (Electoral Eligibility) of the amended Election Management Regulations shall not be eligible for election in any of the following cases:
(b)
2. A person who has been punished by robbery, theft, fabrication of private documents, embezzlement or misappropriation of public funds, or breach of trust (in the last five years).