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(영문) 서울동부지방법원 2019.09.19 2018가합111494
징계무효
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a juristic person established for the purpose of distributing C to a sports association affiliated with the Korea Amateur Athletic Association, and the plaintiff is a person qualified for the defendant's standing trial.

B. On February 6, 2018, the Plaintiff was charged with the violation of the Child Welfare Act (child abuse) against the Plaintiff on the following grounds: (a) around 18:00 on October 18, 2017, the Defendant was convicted of a fine of KRW 5,00,000 against the Plaintiff; (b) on July 20, 2018, the Daejeon District Court sentenced the Plaintiff to a fine of KRW 5,00,000 on the charge of the violation of the Child Welfare Act (child abuse); (c) on July 20, 2018, on the part of the Prosecutor’s appeal, the Defendant was sentenced to a fine of KRW 3,00,000 for the Plaintiff and KRW 208,00 for a fine of KRW 200 on July 20, 2018 (No. 300,000).

(hereinafter “instant criminal judgment”) C.

On May 25, 2018, the Defendant imposed the Defendant’s disciplinary action against the Plaintiff on May 25, 2018, applying Articles 24(1)3 and 26(1) of the Defendant’s Sports Process Committee Regulations to the Plaintiff, resulting in the suspension of qualification for one year (hereinafter “instant disciplinary action”), and based on “bols” as the grounds for disciplinary action.

The Plaintiff filed an objection against the Plaintiff’s disciplinary action and the Plaintiff’s decision to dismiss the instant disciplinary action against the Korea Sports Council. On July 17, 2018, the Korea Sports Council rendered a decision to dismiss the Plaintiff’s objection (hereinafter “instant decision of dismissal”).

(e) Article 25 (Subject of Disciplinary Action) (1) of the Regulations on the Fair Trade Commission of the relevant Regulations may investigate and examine the following cases:

1. Cases of irregularities, such as acceptance of money and valuables, embezzlement, breach of trust, accounting fraud, abuse of authority, negligence of duties, etc. concerning the organization and the operation of the Games;

2. Entrance fees related to sports;

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