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(영문) 부산지방법원 2016.07.07 2015구합2759
징계처분 무효확인소송
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Circumstances of the disciplinary action;

A. On July 30, 2015, the Plaintiff is the cause of the Defendant’s objection. On July 30, 2015, ten members of the Defendant, including C, were required to punish the Defendant’s Speaker by the grounds for disciplinary action that the Plaintiff violated Articles 36 and 83 of the Local Autonomy Act as follows. The Defendant’s Speaker reported it to the first extraordinary session held on September 4, 2015, which was held on September 4, 2015, and submitted it to the Defendant’s Special Ethics Committee.

On July 27, 2015, the defendant attended the second plenary session of the defendant 253 on July 27, 2015, and the plaintiff attended the second plenary session of the defendant's 253, and the plaintiff made a statement about defamation and non-disclosure against the member's individual by the statement of "if he/she received any legal allowances but not pointed out any matter, he/she within the financial axis of the B's meeting" and "if he/she takes a minor issue as his/her acting member, it is necessary for the B

In five minutes of the statement, the Speaker made a false statement that “A person has neglected his or her conscience and made a false statement of fact.”

It is an act of insulting Gu residents about 400,000 Gu residents by "dozers of the D market also this conformity," and "B's meeting to prevent the order of merchants in the market".

B. On October 23, 2015, the Defendant’s Special Committee on Ethics notified the Plaintiff that there was an opportunity to defend himself/herself against the disciplinary action. On October 27, 2015, the Defendant decided to suspend the Plaintiff’s appearance for 15 days and order the Plaintiff’s apology at an open meeting. Accordingly, at the first plenary session of the 257th regular session held on November 16, 2015, the Defendant decided to suspend the Plaintiff from attendance for 15 days and to order the Plaintiff to suspend the attendance for 10 days from among the 111 members present at the 257th regular meeting, and notified the Plaintiff of the result of the said disciplinary resolution on the same day.

(hereinafter “instant First Disciplinary Action”). On September 24, 2015, the Defendant’s second extraordinary session No. 254 meeting is held at the 254 Session.

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