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(영문) 서울중앙지방법원 2019.07.24 2018가합592076
징계처분무효확인청구의 소 등
Text

1. On January 28, 2018, Defendant B, an incorporated association, issued a disciplinary action against the Plaintiff on January 28, 2018, suspension of qualification for the members of the Defendant Association for ten years and pre

Reasons

1. Basic facts

A. The Plaintiff is a regular member of the Defendant Association B (hereinafter “Defendant Association”), who is in charge of the position of the chief of the post of the former master of the Defendant Association, and Defendant C is the president of the Defendant Association.

B. On February 18, 2017, the Defendant Association held a statutory committee and a board of directors to decide on disciplinary action against the Plaintiff (hereinafter “the first disciplinary decision”). On February 20, 201, the Defendant Association notified the Plaintiff of the following details of the statutory committee and the board of directors’ result:

(hereinafter referred to as "first disciplinary action". (1) In referring to each disciplinary cause, non-member activities who are illegal organizations (hereinafter referred to as "the first disciplinary cause") (2) interference with the business of the Association - intentional sending of malicious letters to the chief of the national branch - creation of influence of the association, (3) malicious copying writing on the Association website - defamation of the Association, and violation of the association unity [the contents of the resolution of the law committee]: at February 12, 2017: (1) of the above-mentioned articles of association of the defendant association after deliberation and discussion, the Plaintiff shall be punished by suspension of qualification for 10 years and suspension of branches 10 years pursuant to Articles 8 (1) and 10 (2) and 11 of the articles of association of the defendant association.

[Matters subject to resolution of the board of directors]: At 2 p.m. on February 18, 2017

C. On January 28, 2018, the Defendant Association notified the Plaintiff of the following details of the commission and the board of directors’ result:

(hereinafter referred to as “first disciplinary action”. (1) Non-member activities, which are illegal organizations, hereinafter referred to as “first disciplinary action”). (2) Interference with the business of the Association - intentional sending of malicious text to the chief of the nationwide branch - creation of influence between regular members, association harmony and damage to the association’s homepage. (3) - Influence of false information on the resolution of the board of directors - unfluence of the association’s non-fluence of the resolution of the board of directors (the contents of the resolution of the committee): 12/200 of February 18, 2017; and (4) Articles 8(1), 10(2) and 11 of the Articles of association of the Defendant Association.

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