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(영문) 서울중앙지방법원 2018.05.31 2016가합577165
징계의결처분무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an organization established with beauty artists as its members in order to promote the development of beauty art business, technical improvement, and mutual friendship among the members under the Public Health Control Act.

B. The Plaintiff is a member of the Defendant’s member of the branch of the B sub-branch under the Defendant (hereinafter “B sub-branch”).

C. On October 20, 2016, the Defendant held a Central Disciplinary Committee to take a three-month disciplinary measure (hereinafter “instant disciplinary measure”) against the Plaintiff on the grounds that the Plaintiff continued to work C without issuing a written resolution of disciplinary action against C despite having been notified by the Defendant for three-month suspension from office against C, who was the Director General of the B Branch Office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (Evidence Nos. 1 and 2) and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. 1) The defendant's assertion 1) The defendant's summary of the lawsuit in this case seeks confirmation of invalidity of past legal relations after the three-month period of suspension of officer qualification against the plaintiff has already elapsed, and there is no interest in confirmation. 2) The summary of the plaintiff's assertion affected the determination of disciplinary action in the future, the grounds for mitigation, etc., and affect the plaintiff's right to vote and eligibility in the election of the defendant's National Federation Chairperson

The plaintiff has damaged honor due to the disciplinary action in this case, and it is clear that the records of the disciplinary action in this case should be considered as disadvantageous factors when the plaintiff is subject to disciplinary action or is going to an election of executive officers. Therefore, there is a legal interest in seeking nullification of the disciplinary action in order to destroy honor or eliminate unfavorable factors.

B. One lawsuit for determination is allowed to eliminate risks or apprehensions with respect to the current rights or legal status, but in the past.

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