logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.11.15 2018가합102700
징계의결 무효 확인
Text

1. The Defendant’s disciplinary action of “one year of suspension of qualification” against the Plaintiff on September 20, 2017 confirms that the disciplinary action is null and void.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates Taekwondo painting with the trade name “B” in Sejong Special Self-Governing City, and the Defendant is a branch of the Korea Sports Council established under the National Sports Promotion Act, which aims to contribute to the development of the sports of Sejong Special Self-Governing City in accordance with its articles of incorporation.

B. The Defendant is organized as a member organization and as an Eup/Myeon/Dong Sports Association, and C Association (hereinafter “C Association”) was established through the inaugural general meeting on June 30, 2012, and was affiliated with the Defendant’s member business group.

C. On July 20, 2016, the Plaintiff was elected as a managing director at the general meeting of the Association at the meeting of the Association, and served as a member of the Association until July 2016. On September 20, 2017, the Defendant imposed a disciplinary measure “one year of suspension of qualification” (hereinafter “instant disciplinary measure”) on the ground that the Plaintiff, while serving as a member of the Association C Association, violated the following provisions (hereinafter “instant prohibition provisions”).

Article 47 (Secretariat from November 12, 2013 to its implementation) (4) No sports organization may employ any of its executives' relatives as office employees.

Provided, That this shall not apply to persons employed as employees of the secretariat prior to appointment of officers.

Article 40 (Secretariat) (4) of the Rules on Organizational Rules of the Sejong-si Sports Association (amended by February 20, 2014) (4) No athletic affiliate shall employ any relative of an executive as a clerical employee.

Provided, That this shall not apply to persons employed as employees of the secretariat prior to the appointment of officers.

Therefore, the Plaintiff filed an objection to the instant disciplinary action with the Korea Sports Council, but the Korea Sports Council recognized that the Plaintiff, after having taken office as the managing director of the CAssociation on December 13, 2017, employed the wife, who is one of his relatives, and caused the social controversy, thereby damaging the dignity of athletes, etc. In the process of disciplinary action.

arrow