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1. Of the instant lawsuit, the Defendant’s ex officio suspension against the Plaintiff on February 9, 2010 and the confirmation of the invalidity of the standby order.
Reasons
1. Facts of recognition;
A. On April 1, 1988, the Plaintiff joined the Defendant Cooperative and suspended ex officio from August 1, 2004 to February 9, 2010, and worked as the former president of the Defendant Cooperative until a standby order (hereinafter “instant ex officio suspension and standby order”) was issued to the Defendant Cooperative, and supervised the overall affairs of the Defendant Cooperative.
B. On May 13, 2010, the Ministry of Agriculture, Forestry and Fisheries notified the Defendant Cooperative to take disciplinary action against the Plaintiff for a period of three months of suspension from office.
C. On May 20, 2010, the Defendant Union attended 8 of the nine members of the personnel committee on May 20, 2010, and opened a personnel committee. The Plaintiff was engaged in changes in the prohibition of unjust lending employees using another person’s name due to the acquisition of fixed assets and the order of appropriation for violation. However, the Defendant Union deliberated on the disciplinary agenda against the Plaintiff as grounds for disciplinary action, which causes the unfair supply of Maart land, and then made a confidential vote
The personnel committee of the defendant union decided to dismiss the plaintiff through the above procedure. D.
In accordance with the resolution of the personnel committee, the Defendant Union imposed a disciplinary measure against the Plaintiff (hereinafter “instant disciplinary measure”), and notified the Plaintiff on May 20, 2010.
[Ground of recognition] A without dispute, Gap evidence 3, Eul evidence 1-1-5, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The instant disposition, such as the suspension of authority, etc., conducted a special audit that is inconsistent with the definition under the relevant provisions, and did not refer to the personnel committee. There is no ground for disciplinary action of the suspension of authority, and is null and void as an unlawful disposition lacking procedural legitimacy and substantive legitimacy, such as receiving a non-suspect of breach of trust in a criminal case. 2) The instant disciplinary dismissal disposition was not prepared by the personnel committee meeting minutes or is different from facts, and the personnel committee with the grounds for exclusion participated in the personnel committee.