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(영문) 서울동부지방법원 2017.11.08 2017가합105829
징계무효확인청구등의 소
Text

1. On September 21, 2016, the Defendant confirmed that a one-year disciplinary measure of qualification suspension against the Plaintiff is null and void.

2...

Reasons

1. Basic facts

A. The defendant is an incorporated association established for the purpose of spreading the patriarche Movement and supporting the athletes, and is a member group under the Korea Sports Council. The plaintiff is a person who served in the B middle school from January 5, 2008 as the patriarche.

B. On June 7, 2016, the occurrence of the assault incident and the fact-finding survey 1), C, who is the first middle school, was assaulted with D, the same player. On April 5, 2016, both parties agreed that C, which was held on April 11, 2016, had agreed with C in writing upon the decision of the Autonomous Committee on Countermeasures against School Violence, which was held on April 11, 2016. However, D’s mother, submitted a written application to the Defendant on June 7, 2016, stating that “E, who was the Plaintiff, did not take any particular measure even after the assault incident, provided D et al., and slanders himself against other coaches.”

3) Accordingly, the Defendant instructed the Gyeongyang-do Association to conduct a fact-finding, based on the results of the fact-finding conducted by the Gyeongyang-do Association, and decided to organize an on-site investigation committee on July 16, 2016, and conducted an on-site investigation at B middle schools on July 18, 2016. (c) On July 22, 2016, the Defendant opened a committee for the punishment of the instant case on July 22, 2016 to “the Plaintiff was unable to be aware of the instant assault, and thereafter, the Plaintiff was negligent in managing and supervising D, the victim’s mother, as a ground for the disciplinary action against the Plaintiff.”

2) Since then, the Defendant received a recommendation from the Korea Sports Council to organize a new sports fairness committee and proceed with the disciplinary procedure. Accordingly, the Defendant opened a sports fairness committee on September 21, 2016 and held a sports fairness committee to “the Plaintiff did not take appropriate measures, such as active preventive education and prevention of recurrence, even if the Plaintiff was partly aware of the instant assault,” and the Plaintiff’s suspension of qualification for one-year disciplinary action (hereinafter “instant disciplinary action”).

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