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(영문) 서울남부지방법원 2019.11.26 2019가합102728
정권처분무효확인 청구의 소
Text

1. We confirm that the Defendant’s regime disposition against the Plaintiff is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The defendant is an organization established with the permission of the competent Minister for the purpose of "to contribute to the development of Korean photographic culture, to international exchanges, and to safeguard the rights and interests of its members, and to enhance their status." The plaintiff is the defendant's registered director and member.

B. On May 18, 2017, the Defendant issued a regime disposition that suspends the Plaintiff’s rights as a member for two years against the reason that “the Plaintiff committed an act that interfered with the Plaintiff’s business and impairs the reputation of the branch by interfering with the Plaintiff, such as that the Plaintiff would be a severe bath and knife in the C Daejeon Review Division (in the inside and outside of the room, etc.), etc., and thus constitutes Article 14(1)3, 4, 2(2)8, and 13 of the Discipline Regulations (hereinafter “instant regime disposition”).

C. The defendant's disciplinary regulations are as follows.

§ 14 (Disciplinary Causes) (1) In the event of the following matters with respect to Article 9 (Disciplinary Action) of the Association’s Articles of Incorporation:

3. When he obstructs activities of this Association;

4. Where he damages or damages the honor of the Association. (2) Where any of the following causes, other than Article 9 (Disciplinary Action) of the Association, occurs:

8. A person who obstructs a fair review or is involved in an illegal review such as a prior solicitation or conspiracy in connection with the review; 13. Other persons who lose their status and dignity as a member and who damaged their dignity, the types of disciplinary action under Article 15, shall be as follows:

(1) A warning: Provided, That if any act of receiving a warning within three years from the date of receiving the warning, it shall be aggravated.

(2) Restriction on qualifications: The qualification for examination, qualification for photographing, qualification for photographic instructor, etc. shall be suspended for a fixed period.

(3) Political rights: Suspension of the rights of members for a certain period.

(4) Compensation: To compensate for property damage inflicted on the Association.

(5) Expulsion: To deprive a member of his status.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. On May 18, 2017, the Plaintiff’s assertion is examined after the completion of the review at the Daejeon Review Division.

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