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1. We affirm that the Defendant’s disciplinary dismissal against the Plaintiff on May 9, 2014 is null and void.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
Basic Facts
A related defendant between the parties (hereinafter referred to as "the defendant union") is a non-profit corporation that employs 12 full-time workers and receives deposits and installment savings from union members and provides loans to union members in accordance with the credit union Acts and subordinate statutes.
The Plaintiff is a person subject to disciplinary dismissal on May 9, 2014, when he/she served as a manager of the Defendant Partnership around January 1996 and as a full-time director around January 1, 1996 and as a person subject to disciplinary dismissal on May 9, 2014.
On September 27, 2011, the Plaintiff was subject to a three-month disciplinary measure of suspension from office on the ground that the Plaintiff failed to properly implement “to visit real estate brokerage companies for guidance on the counter and loan service” (hereinafter “the first suspension disposition”), but began to work again on November 15, 201, before the period of suspension from office expires.
On the other hand, the National Credit Union Federation of Korea (hereinafter only referred to as the "Federation") conducted regular inspections of the defendant union from April 3, 2013 to April 12, 2013. As a result, the plaintiff pointed out the following: (i) excess of the lending limit to the same person; (ii) failure to deal with interest reduction and exemption; (iii) failure to create subordinated loans; and (iv) failure to comply with the Real Name Financial Transactions Act.
On June 14, 2013, the Federation notified the defendant union that a heavy disciplinary measure against the plaintiff is scheduled according to the results of the regular inspection.
On June 18, 2013, the Plaintiff issued a measure to raise the Plaintiff’s salary class 2 from salary grade 26 to salary grade 28 on the ground that the period of suspension from office (the period of disciplinary action) was the same as the period of suspension from office (the period of suspension from office) of the Plaintiff’s salary class (hereinafter “instant measure to raise the salary class”).
On July 9, 2013, the National Federation requested the defendant union to take disciplinary measures against the plaintiff according to the results of regular inspections.
On July 22, 2013, the Plaintiff passed a resolution of the board of directors of the Defendant Union.