(영문) 서울중앙지방법원 2013.09.24 2013가합500454

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(영문) 서울중앙지방법원 2013.09.24 2013가합500454

징계결의집행처분무효확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From March 2006, the Plaintiff was a vice-chairperson and an operating member of the Defendant, and around 2008, the Plaintiff was in charge of the duties of the general director.

B. On December 7, 2010, the Defendant’s scholarship C’s resolution 1 on occasional audits and disciplinary actions against the Plaintiff (hereinafter “instant occasional audits”) requested the Defendant’s Chairperson C to conduct an audit of the budget execution details in the year of 2008, and the Defendant’s audit D, E, and F on December 14, 2010 (hereinafter “instant occasional audits”).

(2) On January 27, 201, the Plaintiff’s audit results reported that the Plaintiff embezzled KRW 7,400,000 in total of the Defendant’s funds around 2008 according to the instant occasional audits.

3) On March 21, 201, the Defendant: (a) held a standing committee on March 21, 201 in accordance with the instant occasional audit result; (b) among the members of the standing committee, G was dismissed from office on March 9, 2011; (c) around that time, the Defendant was seven registered members of the standing committee; (d) among them, H, I, J, K, L, and M attended the said standing committee and resolved to take measures for compensating KRW 3,100,000 against the Plaintiff and to take one-year disciplinary action for the suspension of membership qualification upon the consent of all the participants (hereinafter “instant disciplinary resolution”).

(4) On March 22, 2011, the Defendant notified the Plaintiff of the fact and reason for the resolution of the disciplinary action, and notified the Plaintiff of the fact and reason thereof within 14 days from the date of receipt of the notification of the resolution of the disciplinary action.

5) The resolution of the instant disciplinary action is made by the Defendant’s General Assembly of Representatives on March 10, 2012 (hereinafter “General Assembly of Representatives”).

(c) The principal contents of the Defendant’s articles of incorporation are as follows: Section 5 of the General Provisions of Chapter 1 (the Defendant of the Organization at its principal organ).

hereinafter the same shall apply. For the smooth operation, the following organizations shall be established:

1. General meeting of representatives;

2. Operating Committee:

3. The Scholarship Committee:

4. Publicity Committee:

5. The Monetary Punishment Committee:

6.Each.

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