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(영문) 서울남부지방법원 2019.01.18 2018가합101285

징계결의무효확인의 소

Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed.

3...

Reasons

1. Basic facts

A. The defendant is a political party established in accordance with the Constitution of the Republic of Korea and the Political Parties Act, and the plaintiff is the defendant's party member who works as the chairperson of the Operation Committee of the Interest and Party Members Council (SeoulD)

B. On December 26, 2017, the Defendant held a meeting of the Central Ethics Commission on the grounds that the Plaintiff committed an act identical to the grounds for the disciplinary action stated in the separate sheet, and deliberated on the disciplinary proposal that “the Plaintiff spreaded false facts and committed an act extremely harmful to the Party, and caused damage to the Party’s prestige by doing improper speech and behavior C,” and resolved to expulsion against the Plaintiff (hereinafter “instant resolution of the Central Ethics Commission”). On the same day, the highest commission made a resolution to remove the Plaintiff identical to the said Central Ethics Commission (hereinafter “the instant resolution of the highest commission”), and in accordance with each of the above resolutions, the Plaintiff was expelled (hereinafter “instant expulsion disposition”).

C. On January 3, 2018, the Plaintiff filed a request for reexamination with the Central Ethics Committee on the instant expulsion. However, the Defendant, on January 23, 2018, rejected the request for reexamination by holding a meeting of the Central Ethics Committee.

The party constitution and the Ethics Committee of the defendant in relation to this case shall be as follows:

Article 89 shall apply mutatis mutandis to the quorum of the highest committee under Article 35 (Quorum for Resolution) of the Ethics Committee under Section 8 of Section 8 of the Organization in Chapter III of the Constitution.

However, in the case of the numbers of votes of approval and disapproval, the representative shall have the right of decision.

Article 44 (Function) An Ethics Committee shall have the following functions:

5. Article 89 (Quorum) (4) Any person who has an interest in a decision case in violation of the party constitution and party constitution, party constitution and ethics rules or other irregularities shall be excluded from the decision-making case at the meeting concerned; and

(5) Except as otherwise provided for in the party constitution, this provision shall apply mutatis mutandis to the quorum.

The composition and operation of Section 1 of Chapter II of the Regulations of the Ethics Committee shall be constituted.