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(영문) 서울중앙지방법원 2020.09.11 2019가합528591
징계무효확인 등
Text

Of the instant lawsuits, the part concerning the claim for confirmation of invalidation of disciplinary action as stated in Paragraph 1 of the Attached List No. 25 of February 25, 2019.

Reasons

1. Basic facts

A. 1) The defendant is an organization established for the purpose of the education, training, and disciplinary action of the members of the psychological counselor. 2) The plaintiff, as a defendant's member, has been working as a psychological counselor with the defendant's certificate of qualification for the play child counselor issued by the defendant.

B. The Defendant, on November 7, 2018, as indicated in attached Form 1, as of February 25, 2019 (hereinafter referred to as “reported”) 21 persons, including C, on November 7, 2018 (hereinafter referred to as “reported person”).

3) As to the Plaintiff’s psychological counseling activities, the Plaintiff’s report on the violation of the Defendant’s ethical code (hereinafter “instant report”).

(2) On December 7, 2018, the Plaintiff requested the Plaintiff to vindicate the reported content. The main content of the instant report that the Defendant notified the Plaintiff is as follows. (2) The Plaintiff submitted all supporting documents that the remainder of the instant report, excluding the “violation of Prohibition of Double Relations,” to the Defendant, was false, and the criminal procedure is in progress due to defamation by false facts as to the instant report, and thus, the deliberation on the instant report was requested to be postponed.

3) According to the instant report, the Defendant held an ethics committee to deliberate on whether the Plaintiff violated the Plaintiff’s code of ethics, and decided on disciplinary action against the Plaintiff on February 25, 2019, on the ground that the Plaintiff’s “violation of privacy and confidentiality,” “Violation of the Prohibition of Interest,” “Violation of Fidelity,” “Violation of the Promotion of Social Welfare”,” “Violation of the Ethical Welfare,” “Violation of the Ethical Qualifications for 2 years of suspension of qualifications and at least 20 personal counselings, and the Plaintiff approved by the Ethical Chairman for at least one year, and notified the Plaintiff of the result of deliberation by the Ethical Committee as above (hereinafter “instant disciplinary action person on February 25, 2019”).

(C) The Plaintiff’s request for reexamination and the subsequent disciplinary action in Attachment No. 2 of July 9, 2019 as to the Plaintiff’s request for reexamination on March 4, 2019.

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