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부산지방법원 2015.12.16 2015가합5418
징계처분무효확인
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1. On July 8, 2015, the Defendant confirmed that a disciplinary action against the Plaintiff is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The defendant as a party is an organization with the aim of promoting friendship, health, and physical fitness among its members by engaging in activities as a classton, and contributing to the development of community sports for all. The plaintiff is the head of the new management team of the defendant's members.

B. On July 8, 2015, the Defendant held a disciplinary committee under the attendance of the chairman of the Disciplinary Committee C, member D, E, F, G, H, I, J, K, L, M, N, andO. On the ground that the Plaintiff and P violated the Defendant’s purpose and thereby undermining the friendship of members and impairing the honor of the Defendant, the Defendant decided to order the Plaintiff and P to withdraw from the Plaintiff pursuant to Article 23 of the Defendant’s Rule (hereinafter “instant disposition”).

C. After doing so, the Defendant notified the withdrawal of the Plaintiff to the Korean Federation of Egym-for-all Busan Metropolitan City Egympis, and on October 4, 2015, the Egympis Busan Metropolitan City Egympis dealt with the Plaintiff.

On the other hand, the contents of Defendant Association rules related to the instant case are as follows.

Article 9 (Expulsion of Withdrawal)

1. Members who join and withdraw from the central association may withdraw at will by submitting the withdrawals to the chairman of the central association through the chairman of the affiliated club;

2.A member who has joined the Council may issue a warning or order by decision "the Disciplinary Committee (Board of Directors)" if:

(1) When a member of the plenary session does an act detrimental to the honor of the plenary session or impeding the development of the plenary session. Article 23 (Disciplinary Action): A member of the plenary session who has damaged the honor of the plenary session or committed an act contrary to the plenary session’s purpose may be subject to disciplinary action by a decision of the disciplinary committee.

The composition of disciplinary committee members shall be the chairperson, vice-chairperson, management director, game director, financial director, general director, executive director, and the head of the operation team.