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(영문) 청주지방법원 2018.11.07 2018가합3004
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is an institution established under the Korea AmateurA, and the Plaintiff served as a field guide for the camping zone registered with the Defendant from November 15, 2012 to the YYA.

나. 원고는 2016. 9. 22. 20:10경 B고등학교 야구부 훈련장인 C 야구장에서 일부 야구부원들이 식사를 늦게 하며 큰 소리로 떠들었다는 이유로 위 야구부원들을 운동장에 집합시켜 바닥에 머리를 박게 하고, 야구장 외야 한쪽 끝 선착순 달리기를 시킨 후 부러진 야구방망이로 위 야구부원들의 머리를 때리고 발로 위 야구부원들을 걷어찼다(이하 ‘이 사건 사고’라 한다). 다.

On October 31, 2016, the Defendant notified the Plaintiff of the fact that he/she held a sports fairness committee. On November 9, 2016, the Plaintiff, following the Sports Process Committee, imposed a disciplinary action against the Plaintiff to be punished by suspension of qualification for two years (hereinafter “instant disciplinary action”), and notified the Plaintiff of the instant disciplinary action on November 10, 2016.

On December 19, 2017, the Plaintiff was sentenced to a fine of KRW 5,00,000 on the ground that the instant accident was prosecuted under the name of a crime of special injury and special assault (Cheongju District Court 2017 High Court 2017 High Court 471).

Therefore, the prosecutor and the plaintiff appealed, and the appellate court (Cheongju District Court 2018No20) found the defendant guilty of the same injury and assault as the first instance court, but the plaintiff was sentenced to a fine of KRW 3,00,000 in consideration of the fact that the plaintiff deposited for some victims. Accordingly, the plaintiff's appeal is currently pending in the final appeal (Supreme Court 2018Do1420).

Article 21 (Scope of Investigation and Disciplinary Action) (1) of the Regulations of the Sports Process Committee (Scope of Investigation and Disciplinary Action) (1) Any person shall be deemed to have any unlawful or unjustifiable fact regarding the following matters in relation to the operation of organizations and competitions of the Do sports associations, the Si/Gun Sports Association and Si/Gun sports associations:

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