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(영문) 서울중앙지방법원 2018.09.20 2018가합511091
징계처분무효확인 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is an incorporated association established for the purpose of promoting research, improvement and development of C and D and establishing C rights and interests protection and ethics to improve public health. 2) The Plaintiff was elected by going to the election of the president of E organization on December 2012, and was elected by going to the election of the president of E organization around December 2015.

B. A disciplinary action against the Plaintiff 1) The Defendant’s anonymous informant, who is presumed to be the Defendant’s member, is the FF Committee under the Defendant’s control (hereinafter “F Committee”) around September 2017.

(2) The Plaintiff, while going to the president of the E-Organization in 2012, induced G’s resignation and offered money and valuables as the same candidate, and thus, demands the Plaintiff to clarify the truth about the ethical issues of the Plaintiff, H, G, etc. related to the purchase of the candidate (hereinafter “instant information”).

(2) From September 28, 2017 to November 22, 2017, the F Committee investigated persons related to the receipt of the said money and valuables, and held several meetings on November 22, 2017, and conducted a disciplinary deliberation with the assent of all the participating members, which restricts Plaintiff and G’s right to vote and eligibility for election for two years, and limits H and I’s right to vote and eligibility for election for one year. The said details were presented to the Defendant-affiliated Standing Committee (hereinafter “Standing Committee”).

3) On December 14, 2017, the Standing Board may take disciplinary action (hereinafter “instant disciplinary action”) against the Plaintiff, which restricts the Plaintiff’s right to vote and eligibility for election for two years (hereinafter “instant disciplinary action”).

(c) Resolution has been made. 3. as shown in the annex, such as relevant regulations, [based on recognition], the absence of dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 to 3 (Evidence No. 1 to 5) and the purport of the whole pleadings.

2. The parties' assertion

A. The election commission of the Plaintiff’s assertion 1 holds exclusive authority over the violation of the election management regulations.

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