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(영문) 창원지방법원 마산지원 2018.01.24 2017가합100925
징계결의무효확인의 소
Text

1. On July 12, 2017, the Defendant’s resolution on disciplinary action against the Plaintiffs is invalid.

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

Reasons

1. Basic facts

A. The Defendant is a non-corporate entity under the jurisdiction of the Gyeongnam Personal Taxi Transport Business Association (hereinafter “instant association”), comprised of those who hold a private taxi transport business license in E, and the Plaintiffs are private taxi business entities who belong to the Defendant.

B. On June 29, 2017, the Defendant’s auditor F and G demanded the Defendant to punish the Plaintiffs, who are its members.

C. Accordingly, on July 3, 2017, H, the head of the Defendant Branch, referred the Plaintiffs to the Disciplinary Committee, and submitted explanatory materials by July 10, 2017, and on July 12, 2017, H notified the Disciplinary Committee of the opportunity to make a statement with an opportunity to attend the Disciplinary Committee and to explain the grounds for the request for disciplinary action.

On July 12, 2017, the Defendant held a disciplinary committee and discussed the disciplinary action against the Plaintiffs. As a result, the following disciplinary resolution (hereinafter “instant disciplinary resolution”) shall be adopted:

C. On the 13th day of the month, the plaintiffs were notified.

1) Plaintiff A: Plaintiff A: 5 years of qualification suspension for union members and branch members; Plaintiff C: Union members and branch members; 5 years of qualification suspension for union members and branch members; 4 months of qualification suspension for union members and branch members); Plaintiff D: The fact that there is no dispute over the grounds for recognition, Party A’s evidence 3 through 5 (including each number), Party A’s evidence 10, and the purport of the whole pleadings.

2. Determination as to the cause of claim

A. According to the defendant's resolution 1) The defendant's argument that the disciplinary action against the plaintiffs, who are the defendant's operating members, is required to obtain the consent of a majority of the operating committee, but H, the head of the defendant branch, accepted the request for disciplinary action against G and F without the consent of the majority of the operating committee, thereby referring the plaintiffs to the disciplinary committee.

B. In order to convene the Disciplinary Committee, H, the head of the defendant's branch, shall be the Disciplinary Committee.

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