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수원지방법원 안산지원 2018.06.07 2017가합1377
징계처분무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 6, 2016, the Plaintiff was elected as a member of the Jung-gu Da Apartment Apartment Election Commission (hereinafter “instant frontline”) in Ansan-si (hereinafter “instant frontline”), and the Defendant was elected as the chairperson of the instant frontline on January 21, 2018.

B. Around September 22, 2017, D, the Chairperson of the instant Line, submitted a resignation letter, and on October 11, 2017, passed a resolution to elect E as the Chairperson of the instant Line (hereinafter “instant resolution”).

C. On November 24, 2017, the instant election commission held a meeting and discussed the cases of disciplinary action against the Plaintiff (hereinafter “instant disciplinary committee”) in the presence of four members, including the Chairperson E, from among five incumbent members on the register (hereinafter “instant committee”).

The grounds for disciplinary action against the plaintiff stated in the minutes of the instant disciplinary committee are as follows.

① The case 1 case 2: “A member participated in the list of the F Auditor (which appears to mean the audit of the council of occupants’ representatives) and has a duty of neutrality to be observed as an election management member, and withdraws the list by posting a phone in close behavior to force several times at the time.” ② The case 2 case 3: “A member forged a false private document by creating minutes without a meeting to have been signed and sealed by some members in English even though he/she was in a lawsuit against Ansan-si on the preservation of the status of occupants at the time, and again elected the president of the council of occupants at the time,”

(e) In addition to this, the following are also indicated in the major case items:

On October 11, 2017, the majority of the members of the election management committee will hold the legal responsibility as illegal and contrary if they are elected now.

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