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(영문) 서울행정법원 2017.11.17 2016구합84849
징계결정처분 취소
Text

1. The defendant on August 26, 2016

Disposition of an administrative fine of KRW 8,000,000 against Plaintiff A,

Fines for negligence to PlaintiffB 3,00.

Reasons

1. Details of the disposition;

A. The Plaintiffs are attorneys-at-law belonging to the Korean Bar Association (hereinafter “Korean Bar Association”) and the Seoul Bar Association.

B. On October 12, 2015, Plaintiff A violated the duty to report public interest activities and ② breached the duty to refrain from indicating “specialized” without registering specialized fields (see attached Form 1) and filed an objection against the Defendant upon receiving a disciplinary decision of KRW 10 million from the Attorney Disciplinary Committee on the grounds that Plaintiff A violated the duty to refrain from indicating “specialized” without registering specialized fields.

On August 26, 2016, the Defendant recognized the grounds for disciplinary action and reduced part of a disciplinary action, thereby making a decision on disciplinary action of KRW 8 million (Article 91(2)1 and 2, Article 23(2)7 and (4), Articles 25 and 27 of the Attorney-at-Law Act, Articles 9(1), 9-2, and 44(5) of the Regulations on Attorney-at-Law, Article 7(1) of the Regulations on Attorney-at-Law’s Advertisement, Article 8(1) of the Regulations on Public Interest Activities, Article 8(1) of the Seoul Local Bar Association Regulations, and Article 8(1) of the Regulations on Public Interest Activities, etc.

C. On October 12, 2015, Plaintiff B received a decision on disciplinary action of KRW 5 million from the Attorney-at-Law Disciplinary Committee on the grounds that he/she violated his/her duty to report public interest activities (see attached Table 1) and filed an objection against the Defendant.

On August 26, 2016, the Defendant recognized the grounds for disciplinary action and reduced part of a disciplinary action, thereby making a decision on disciplinary action of KRW 3 million (Article 91(2)1 and 2, Articles 25 and 27 of the Attorney-at-Law Act, Articles 9(1) and 9-2 of the By-laws, Article 8(1) of the Regulations on Public Interest Activities, etc. of the Seoul Bar Association, and Article 8(1) of the Regulations on Public Interest Activities, etc. of the Korean Bar Association).

(A) Each of the above disciplinary actions against the plaintiffs (hereinafter referred to as "each of the disciplinary actions in this case"). [The grounds for recognition] does not dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Eul evidence 1-1, 2-2, and Eul evidence 1-2, and the purport of the whole pleadings.

2. The entry in relevant Acts and subordinate statutes (attached Form 2);

3. Whether each of the disciplinary actions in this case is legitimate

A. The plaintiffs' assertion (i.e., violation of the plaintiff A's obligation to refrain from indicating the unregistered professional registration.

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