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1. The Defendant’s suspension from office against the Plaintiff on December 31, 2013 and the removal from office on August 28, 2014, respectively, are null and void.
Reasons
1. Facts of recognition;
A. On March 1, 1989, the Plaintiff was enrolled in the Defendant’s Treasury on March 1, 1989 and served as an unregistered person from August 1, 2007.
B. On November 29, 2013, the president of the Defendant Credit Union (hereinafter referred to as “president”) requested the board of directors to make a disciplinary resolution against the Plaintiff on the ground that “the Plaintiff violated good faith order by violating several lawful instructions from the board of directors and disturbs deceptive order, and did not have any reflectivity,” and the Plaintiff requested the board of directors to take disciplinary action against the Plaintiff on the ground that “the violation of good faith order (e.g., disturbance of deceptive order), the violation of duty to obey, and the violation of instructions and orders.” On December 27, 2013, the board of directors decided three months of suspension from office (from January 1, 2014 to March 31, 2014) due to disciplinary action against the Plaintiff (hereinafter “instant suspension disposition”). On December 31, 2013, the president notified the Plaintiff of a disciplinary action for three months suspension from office (hereinafter “instant suspension disposition”).
C. Meanwhile, the Busan Regional Headquarters, from May 27, 2014 to June 2, 2014, issued a regular inspection with respect to the Defendant’s credit cooperative, and ordered caution and correction as to the pointed out in item 9 on June 25, 2014, and ordered the Plaintiff to reprimand for three months of suspension from office as follows (hereinafter “instant disciplinary cause”).
① Compliance with general matters - The recording file acquired at will by the board of directors on May 3, 2013 shall be removed to the court without permission, and shall be made and submitted as evidentiary materials in the form of stenographic records to the court. ② improper processing of contract affairs - the extension of the contract term of an advertising-related contract and the increase of monthly agency fees to be paid in advance with the Madebrid Co., Ltd. (hereinafter referred to as “Mabrid”) without obtaining prior approval from the board of directors. ③ The execution of budget - the submission of a false commencement period for the purpose of evading acquisition tax to be imposed on the land acquired for new construction of the head office, and the disbursement of KRW 6,047,58 shall be made in the form of design expenses, etc.