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(영문) 광주지방법원 2019.01.24 2018구합11067
징계처분취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 1, 2014, the Plaintiff started the affairs of a certified judicial scrivener under the jurisdiction of the B organization on April 1, 2014 and performed the affairs of a certified judicial scrivener in the Seo-gu Seoul Building and in subparagraph D from July 1, 2015.

B. On April 12, 2018, the Defendant rendered a disposition of suspension of business for six months against the Plaintiff (hereinafter “instant disposition”) pursuant to Article 48(1)1 and 2 of the Certified Judicial Scriveners Act on the grounds that the Plaintiff violated Articles 19, 22, and 23 of the Certified Judicial Scriveners Act, and Article 34 of the Certified Judicial Scriveners Rules as follows:

1. Although a certified judicial scrivener who received excessive fees for certified judicial scrivener does not receive money or other valuables under any pretext other than those prescribed by the rules of the E Association, the Plaintiff received 3,170,465 won in excess of 275 won among the cases accepted from January 1, 2016 to March 31, 2016.

2. Although a certified judicial scrivener employed without approval must employ a certified judicial scrivener with approval from the relevant F organization, the Plaintiff, without approval, had him/her work for approximately 19 months from July 1, 2015 to February 22, 2017.

3. Although a certified judicial scrivener who violated the duty to prepare and preserve the case is delegated with the case, the Plaintiff omitted the entry of 230 cases among the retained cases in 2016, and 75 cases among the retained cases from January 1, 2017 to March 31, 2016, and differently entered the amount of remuneration (Difference 1,430,005 won) in the instant case and the receipt from January 1, 2016 to March 31, 2016.

4. A certified judicial scrivener who violated the duty to prepare and keep receipts shall, when receiving remuneration from a mandator, prepare a receipt in the form prescribed by the E Association. However, the Plaintiff entered KRW 23,673,087 on the total amount of 167 among the cases accepted from January 1, 2016 to March 31, 2016, in a receipt that is not a form prescribed by the E Association.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, Eul evidence Nos. 2 through 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant disposition does not exist.

B. The instant case.

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