1. It is confirmed that the Defendant’s suspension from office against the Plaintiff on December 19, 2013 and his dismissal on August 1, 2014 are null and void.

2...

1. Basic facts

A. On November 1, 1980, the Plaintiff joined the Defendant’s credit cooperative’s general service as an employee, and was in charge of the duties of the working-level officer as a class 1 manager from January 1, 1994. From August 27, 2010, the Plaintiff worked as a branch manager of the Defendant’s credit cooperative’s branch office as a sub-branch.

B. On December 20, 2010, the Defendant ordered the Plaintiff to remove the Plaintiff from position and to issue a standby order due to grounds for disciplinary action, such as false reports and breach of duty of good faith, and the Defendant was subject to an indefinite suspension disposition on January 1, 201 due to the same grounds for disciplinary action as above.

Accordingly, the Plaintiff filed an application for reexamination on the indefinite suspension disposition, and the Defendant maintained the lower court’s decision on January 28, 201.

C. On January 13, 2012, the Plaintiff filed a lawsuit with Busan District Court seeking confirmation of the invalidity of the disposition of indefinite suspension or release from position, and the above court rendered a judgment that the Defendant’s disposition of removal from position or suspension from office is null and void.

As the defendant appealed, the Busan High Court dismissed the lawsuit for confirmation of invalidity of removal from position on September 19, 2012, and the disposition of suspension from office was declared null and void since there are no grounds for disciplinary action, but the amount of disciplinary action is excessive. The above judgment became final and conclusive on October 10, 2012.

On December 19, 2013, in addition to the new reasons other than those presented at the time of the above suspension, the Defendant held a disciplinary committee against the Plaintiff and decided to take a three-month disciplinary measure of suspension from office (hereinafter “instant suspension disposition”).

Accordingly, upon the plaintiff's request for reexamination, the defendant maintained the disposition of suspension from office for three months of suspension as in the original judgment on April 23, 2014, but the execution was decided to be exempted.

E. On the other hand, on April 22, 2013, the Defendant decided to convert D branches into unmanned stores by the board of directors. On July 2, 2013, the Defendant notified the Plaintiff of the dismissal from position and standby order (hereinafter “instant removal from position”) on July 3, 2013 on the ground that the Plaintiff’s duties, the head of the branch, have ceased due to organizational adjustment.

Since then, the defendant on December 26, 2013.