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(영문) 창원지방법원통영지원 2016.11.30 2016가합10861
개선처분 무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a district fisheries cooperative established pursuant to the Fisheries Cooperatives Act for the purpose of enhancing the economic, social, and cultural status of fishermen and fishery product processors, and enhancing the competitiveness of fisheries and fishery product processing business, and the Plaintiff served as B from May 25, 2008 to October 8, 2015, and retired on October 8, 2015.

B. The National Federation of Fisheries Cooperatives established a regular audit by the National Federation of Fisheries Cooperatives for the Defendant in 2015. As a result, ① embezzlement, etc. of sales outstanding amounts (cadastral No. 2015-135), ② improper processing of accounts in 2014 (cadastral No. 2015-136), ③ improper processing of business operations in the settlement of accounts in 2014 (cadastral No. 2015-137), ④ improper disposal loss (cadastral No. 2015-138), ⑤ improper handling of real estate mortgage loans (cadastral No. 2015-142), ⑥ improper handling of loans exceeding the limit of loans to the same person (cadastral No. 2015-143), 7 improper handling of corporate ordinary loans (cadastral No. 2015-1444), and demanded the Defendant to notify “non-improvement’s disciplinary action” as a disciplinary action against the Plaintiff.

C. On March 31, 2016, the Defendant notified the Plaintiff of the irregularities, according to the above audit results, on the third board of directors of the Defendant’s third board of directors (hereinafter “instant disposition”). The Plaintiff filed a petition for reexamination on April 15, 2016, but the Defendant’s petition for reexamination was dismissed at the Defendant’s fourth board of directors on May 16, 2016.

Article 30 (Sanctions against Officers) (1) of the Members' Audit Regulations shall be classified as follows:

1. Heavy disciplinary action: Improvement and suspension of duties;

2. Minor disciplinary action: (2) The disciplinary action against an executive officer of the cooperative shall be taken for improvement of his/her status, suspension of his/her duties, reprimand, and warning;

1. Improvement;

(a) It is serious intentionally or by gross negligence;

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