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(영문) 수원지방법원 안산지원 2018.05.03 2017가합5874
자격정지징계결의무효확인청구의소
Text

1. On December 13, 2016, the Defendant confirms that a decision to suspend qualification made against the Plaintiff by the Awards and Punishment Committee is null and void.

2.

Reasons

1. Basic facts

A. On September 22, 2016, the Defendant is an organization established with the Taekwondo Association (hereinafter referred to as the “former Taekwondo Association”) established on September 22, 2016 by combining the previous Taekwondo Association with the D Taekwondo Association for the purpose of promoting the promotion of the Taekwondo culture by succeeding to and developing Taekwondo spirit and skills. The Defendant is an organization established with the Taekwondo Chapter, Taekwondo athletic affiliate, and club as a member in B.

B. On September 7, 2016, the former Association of Taekwondo dissolved the said Association and decided to establish the Defendant by combining it with the D Taekwondo Federation. The Plaintiff was in office as the managing director of the former Association of Taekwondo around this time.

(In accordance with the above dissolution and integration resolution, the plaintiff who was a member of the former C Taekwondo Association seems to be a member of the defendant).

On November 25, 2016, the defendant decided to refer the plaintiff to the standing committee by the board of directors.

Accordingly, on November 28, 2016, seven of the eight members of the Monetary Punishment Committee, including E, was held by the First Disciplinary Committee for the plaintiff. D.

On December 2, 2016, the Defendant held the Second Disciplinary Committee, and decided to hold the Disciplinary Committee on the 13th day of the same month for the Plaintiff and to make a final decision after giving the Plaintiff an opportunity to vindicate, while six of the eight members of the Standing Committee were present.

[However, the minutes of the above punishment committee (No. 17-2) are written as a resolution with the consent of all members present.] E.

On December 5, 2016, the Defendant sent to the Plaintiff a letter to the effect that the 10:00 B Taekwondo Association office of the same month would open a standing committee for the Plaintiff, and that it would give an explanation to the Plaintiff.

F. On December 12, 2015, the Plaintiff requested F, the Defendant’s executive secretary, to postpone the penalty committee on the grounds of father’s illness.

G. On December 13, 2015, the Defendant’s third punishment committee was held, despite the Plaintiff’s above request.

At the above standing committee, six of the seven members shall be present.

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