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(영문) 대구지방법원경주지원 2016.09.02 2015가합410
징계처분무효확인
Text

1. On July 10, 2015, the Defendant confirmed that a disciplinary action of suspension of qualification against the Plaintiff on July 10, 2015 against the Plaintiff is null and void.

2...

Reasons

1. Basic facts

A. The defendant is a branch of the CUnion established for the purpose of promoting the sound development of automobile transport business and the common interest of transport business operators. The plaintiff is a defendant's member and an operating member elected in accordance with the defendant's articles of association and regulations

[Grounds for disciplinary action] Around July 2014, the Plaintiff spreaded the fact that the members of the branch around D were unable to receive the budget support from FF City despite having not received the budget support from FF City in relation to G sports games, and caused the Plaintiff to lose the Defendant’s honor by spreading the following facts: B and four members of the branch office in front of H I University dormitory located in H, left the association; and spreads false fact that the Do representatives lost their reputation by spreading the fact that the Do representatives lost their reputation; the Plaintiff was notified of the opportunity to explain the above disciplinary action; and the Plaintiff did not request the Defendant’s office and the head of the branch office as the Defendant’s office and did not comply with the procedures; the Plaintiff obstructed the operation of the Defendant’s branch office or the head of the branch office in April 27, 2015 at a regular meeting of the Steering Committee with the head of the branch office and the secretariat at the time of deliberation of the budget year 2015; and the Plaintiff did not receive any false statement from the members and its members.

B. On July 10, 2015, the Defendant: (a) held a standing committee to spread the words of will as follows (hereinafter “instant disciplinary cause”); and (b) took a disciplinary action for one year and six months of qualification suspension against the Plaintiff (hereinafter “instant disciplinary action”).

C. The chairperson and five members of the standing committee were present at the standing committee for the instant disciplinary action, and one of the members of the standing committee did not participate in the disciplinary resolution, while the remaining members of the standing committee were four.

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