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(영문) 서울중앙지방법원 2018.11.22 2018가합2573
징계처분무효확인등의 소
Text

1. Of the instant lawsuit, the part that “Article 8(5) of the Criminal Procedure Act of the Defendant is invalid” is dismissed.

2.

Reasons

1. Basic facts

A. The status of the parties is that the defendant is a large-scale member of the descendants who jointly set up CCD, and the plaintiff was a general director of the defendant from July 1, 2004 to April 30, 2009 as the defendant's senior member.

B. On December 1, 2009, the Defendant’s disciplinary action against the Plaintiff (i.e., the Defendant’s disciplinary action and the Defendant’s 1) stating that the Plaintiff’s “excluding the participation of the members of the final council of relatives at all levels” (hereinafter “the primary disciplinary action”).

A) The Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of the first disciplinary action, Seoul Central District Court 2010Kahap9486. On November 17, 2010, the said court rendered a judgment that the first disciplinary action becomes null and void on the ground that “only if the Plaintiff was convicted of having been sentenced to imprisonment without prison labor or heavier punishment due to his/her property damage during his/her life, he/she may be subject to heavy disciplinary action, but the Plaintiff was not convicted in relation to the instant disciplinary action, and rather, the Plaintiff did not have received a conviction in relation to the instant disciplinary action, and on the contrary, it is recognized that he/she was subject to a criminal complaint filed by the Defendant with respect to the conclusion of the lease agreement.” The appellate court (Seoul High Court 2010Na118233) dismissed the Defendant’s appeal, and the above judgment became final and conclusive around September 20, 2011, the lower court concluded a lease agreement with the Plaintiff, which is more favorable to the Defendant 201.

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