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(영문) 서울고등법원 2018.05.04 2017누84121
징계결정처분 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional determination as to the Defendant’s assertion or additional assertion at the court of first instance. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the

[Additional part] The defendant asserts that the violation of the plaintiffs' duty to report public interest activities constitutes a disciplinary cause. However, the following circumstances are not different from the duty to report public interest activities. Thus, the violation of the duty to report public interest activities cannot be seen as a "case of violation of the affiliated local bar association or change consultation rules", which is a disciplinary cause under Article 91 (2) 2 of the Attorney-at-Law Act and Article 9 (4) of the Rules on Disciplinary Action of the Attorney-at-Law. ② Under the language of Article 9 of the Regulations on Public Interest Activities, the chairperson of the local bar association can only apply for commencement of disciplinary action against the non-performance of public interest activities without good cause (this interpretation cannot be deemed an unfair reduction interpretation as argued by the defendant). ③ Under the delegation of Article 10 of the Regulations on Public Interest Activities, the chairperson of the local bar association cannot be deemed to have applied for the commencement of disciplinary action against the plaintiffs' violation of the duty to report public interest activities under Article 9 (5) of the former Regulations on Public Interest Activity within the scope of the Regulations.

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