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Reasons
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(영문) 의정부지방법원고양지원 2015.07.01 2015가합70266
종신자격정지 징계처분 무효확인
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1. It is confirmed that the Defendant’s disposition suspending the qualification of the Plaintiff on February 17, 2014 against the Plaintiff is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Plaintiff was in office as the Defendant’s president from April 2008 to March 2012, and C was in office as the Defendant’s general secretary.

B. On February 7, 2014, the Defendant notified the Plaintiff and C that “the Plaintiff shall hold a disciplinary committee meeting with respect to the Plaintiff and C according to the articles of incorporation,” and the grounds for the disciplinary action are as follows.

1. Embezzlements by paying 6,811,308 won to be borne by the lessee of an underground room while paying the property tax on a clan building;

2. The tax amount to be paid by the lessee of the underground room of the building in question shall be paid by substitute for 57,354,977, and it shall not be refunded;

3. A person who changes the rent for the underground room of the above building from two million won to 150 only, but fails to prepare a modified contract, and fails to keep the document, etc. for approval;

4. That value-added tax of an amount equivalent to 6.9 million won shall not be collected from a lessee of the underground room of the above building.

5. On the date specified in paragraphs (1) through (7) below, when cancelling a term deposit owned by the Defendant, embezzlement 1) interest equivalent to each of the following amounts is not deposited in the account of Defendant 1 on November 25, 2008 without depositing the lease deposit and KRW 1,354,389 won on June 25, 2008, Nov. 1, 2009, KRW 41,768,154 won on March 23, 2011; KRW 56,408 won on March 26, 2012; KRW 500,000,000 won on May 8, 2008; KRW 508,000,000 on May 26, 2011; KRW 1,056,408 won on March 26, 201, KRW 751,707).

C. On February 17, 2014, the Defendant held a disciplinary committee and notified the Plaintiff of the fact of disciplinary action on February 18, 2014, on the ground that “A person who habitually commits various acts of breach of trust and embezzlement” under Articles 20 and 21 of the clan’s articles of incorporation on the ground that “A person who habitually commits various acts of breach of trust and embezzlement against the responsibility of the highest manager of the clans.”

The contents of Articles 20 and 21 of the Constitution of the defendant clan at the time are as follows:

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