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(영문) 대전고등법원 2020.08.27 2020나11481
징계면직무효확인 등 청구의 소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasons for the judgment of the court of first instance concerning this case are as follows. ‘The issue of which disposition is to be taken in the case of a disciplinary action due to the grounds for the disciplinary action against a person subject to disciplinary action' are left at the discretion of the person with authority to take the disciplinary action. Thus, the disposition is unlawful only in the case where the person with authority to take the disciplinary action by exercising the discretionary authority has abused the discretionary authority to the person with authority to take the disciplinary action because the disciplinary action significantly lacks validity under social norms. However, in light of the detailed criteria for the disposition of disciplinary action under Article 11-2 and attached Table 1 of the Enforcement Rule of the Community Credit Cooperatives Act, which is the basis for a disciplinary action, such as the contents and nature of the above misconduct, and degree of misconduct, which are the basis for a disciplinary action, it cannot be deemed that the disciplinary action goes against the above criteria, or is objectively and objectively unfair under social norms, and there is no other evidence to acknowledge it.'

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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