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(영문) 서울고등법원 2019.05.17 2018나2045238
징계무효확인의 소
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for this part of the judgment of the court are stated in the reasoning of the judgment of the court of first instance.

(main sentence of Article 420 of the Civil Procedure Act). 2. Judgment on this safety defense

A. As of the date of the closing of argument in the instant case, the Defendant’s defense to ensure that the period of disciplinary action against the suspension of qualification in the instant case has expired, and there is no benefit to confirm the invalidity of the said disciplinary action by the instant lawsuit.

A lawsuit for confirmation is permitted to eliminate risks or apprehensions with respect to current rights or legal status. If the grounds for a lawsuit seeking confirmation of invalidation with respect to a disciplinary action, which is merely a previous legal act, are simply to recover damage to social reputation, it shall not be deemed to have been intended to eliminate risks or apprehensions with respect to existing rights or legal status. Even if it is intended to eliminate risks with respect to which the opportunity for re-employment is restricted, barring special circumstances, such restriction on the opportunity for re-employment cannot be deemed as a de facto disadvantage, and thus, it cannot be deemed as having any risks or apprehensions with respect to rights or legal status.

(See Supreme Court Decision 94Da4011 Decided April 11, 1995 (see, e.g., Supreme Court Decision 94Da4011, Apr. 11, 1995). According to the purport of each of the statements and arguments as to Gap evidence 1, Gap evidence 2, Gap evidence 4, Eul evidence 1, Eul evidence 12, Eul evidence, and Eul evidence 12, the plaintiff was discharged from the office of president around June 2015 while performing the duties of president of an incorporated association, which is a member group under the defendant's affiliated issues. The plaintiff was no longer retired from the office of president on September 15, 2017. The defendant decided suspension of qualification for the plaintiff on September 15, 2017 (from September 15, 2017 to September 14, 2018).

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