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(영문) 서울동부지방법원 2020.07.10 2019가합106109
징계처분 무효확인의 소
Text

1. On May 10, 2019, the Defendant confirmed that the resolution of suspension of qualification for one year against the Plaintiff is null and void.

2...

Reasons

1. Basic facts

A. The defendant is an incorporated association established for the purpose of distributing the Category C sports games and supporting the sports-related subordinate organizations, and is a member sports group under the Korea Sports Council, and the plaintiff was in office as a supervisor of women C's national team.

B. On January 10, 2019, when the Korean Olympic Committee reported suspicions, such as sexual harassment, etc. by a female C representative team leader, the Korean Olympic Committee demanded the Defendant to conduct its own investigation on January 11, 2019, and the Defendant’s self-inspection result alone was insufficient to verify the facts, and requested the Korean Olympic Committee C representative Sports Center to conduct the relevant investigation on January 14, 2019.

Accordingly, from January 18, 2019 to February 1, 2019, the Korea Sports Council C’s C’s C’s team leader and its leader conducted an investigation into the authenticity of the above report (hereinafter “instant investigation”).

C. On February 12, 2019 after the investigation of the instant case, the Korean Olympic Committee directed the Plaintiff on December 2017 or around January 2018, that the Plaintiff had contacted the players with her sexual organ while guiding C technology, and that the players were directed during the physical training, such as strings, and that part of the players had her chestd and her her chestd, and that part of the players were placed at the bottom below the body of the relevant players, and that “the Plaintiff was forced to get out of the chest until the launch, etc. came into contact with the chest.”

In the event that training is conducted in the course of training due to the nature of the category C, the Plaintiff’s prior consent should be sought from athletes. However, the Plaintiff did not obtain prior consent, and due to unnecessary physical contact that was conducted by the Plaintiff in the course of training female C representative teams, some players frighten sexually indecent acts by the Plaintiff. In addition, the Plaintiff’s instruction should be understood as “in the course of guiding the players.”

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