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(영문) 서울동부지방법원 2019.09.19 2018가합113056
징계무효확인청구
Text

1. The Defendant’s resolution on the expulsion of the Plaintiff on June 29, 2018 confirms that it is invalid.

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

Reasons

1. Basic facts

A. The Defendant is a sports organization affiliated with the Korea Sports Promotion Committee established under the National Sports Promotion Act, and the Plaintiff served as a general director of the Defendant from January 2, 2010 to September 2016, and from January 201 to October 2015.

B. On April 5, 2018, the Defendant held a legislative punishment committee and proposed disciplinary action against the Plaintiff as an agenda, and resolved on the expulsion of the Plaintiff on the ground of “the receipt of rebates from the national representative players, the receipt of rebates from medical enterprises, and the abuse of authority and defamation against the players and other persons concerned.”

C. On June 29, 2018, the Defendant held a board of directors to make a resolution on the expulsion from the expulsion committee’s evaluation, and notified the Plaintiff of the result thereof on July 13, 2018.

(hereinafter “instant disciplinary action”). Article 4 (Composition) (1) The Committee shall be composed of the following members:

1. One chairperson;

2. One vice-chairperson;

3. Not more than nine members (including the chairperson and the vice-chairperson). (2) The Committee shall be comprised of legal experts, sports experts, protection of rights and interests, women, players with disabilities, etc.

Article 23 (Request for Attendance) (1) When the Committee requests a suspect to appear before the Committee, the Committee shall ensure that the suspect reaches the discipline accused three days prior to the date on which the Committee is held.

Article 24 (Examination and Statement Right) (1) If the Committee deems it necessary to examine a suspect in relation to the facts suspected, it may request the suspect to appear and interrogate him/her.

(2) The Committee shall give a discipline accused person an opportunity to make a sufficient statement, and the discipline accused person may state facts favorable to him/her in writing or orally or submit evidence.

The relevant provisions of the Defendant's regulations on the operation of the legal penalty committee are as follows:

[Reasons for Recognition] The Gap evidence Nos. 1, 5, 6, Eul evidence Nos. 15 and the purport of the whole pleadings

2. The Plaintiff’s instant disciplinary action is alleged.

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