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(영문) 대전지방법원 2020.09.17 2020가합100721
징계조치요구 무효확인 등
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a non-profit corporation established in order to guide and supervise the affairs of the CUnion established under the Credit Unions Act and promote the enhancement of common interests and the sound development of the local economy with the aim of contributing to the improvement of the welfare of its members and the balanced development of the local economy.

B. The Defendant conducted sector inspections against the Plaintiff from June 18, 2019 to June 20, 2019.

On September 30, 2019, the defendant requested that the plaintiff be punished by disciplinary dismissal as the actor, such as occupational embezzlement, etc. of the plaintiff's employee D, and ② the director E be punished by disciplinary punishment for one month of salary reduction as the supervisor of the above D.

(hereinafter referred to as "request for disciplinary action of this case" for disciplinary action against E.

On January 21, 2020, the Plaintiff filed a provisional disposition demanding the suspension of the validity of the above disciplinary action ( Daejeon District Court 2020Kahap50038), but this court rejected the Plaintiff’s application on March 31, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1, 2, 4-6, 12, the purport of the whole pleadings

2. The grounds for disciplinary action against the Plaintiff E are not recognized, and even if the grounds for disciplinary action are recognized, the reduction of salary in one month constitutes an excessive disposition beyond the discretionary power, and thus, the instant request for disciplinary action constitutes an unfair disciplinary action and thus null and void.

3. Determination on this safety defense

A. According to Articles 78(1)3 and 89(1) of the Credit Unions Act, the Defendant has the right to direct and supervise the Plaintiff pursuant to Article 78(1)3 and Article 89(1) of the same Act, and the Plaintiff’s right to request sanctions against executive officers and employees pursuant to Articles 89(6) and (7)1 and 84(1) of the same Act, and the Plaintiff must comply with the above request for disciplinary measures. Thus, seeking confirmation of invalidity of the above request for disciplinary measures cannot be permitted against the purport of the Credit Unions Act and relevant regulations.

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