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(영문) 창원지방법원 2019.11.21 2019가합289
해임처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Facts of recognition

The plaintiff in the status of the parties was appointed as the 18th chairman of the election commission to which the defendant belongs while in office as the defendant's operating committee around 2017, and was dismissed by the chairman of the election management committee on October 24, 2017, and thereafter appointed as the defendant's representative.

On October 17, 2017, when the Plaintiff was in office as the chairperson of the Defendant’s election management, the Plaintiff publicly announced that “A’s registration of candidate for the election of the head of the 19th branch office was revoked because C had been registered as a candidate for the Defendant’s election of the head of the 19th branch office, which was scheduled to be held on October 26, 2017, around May 2015, and C filed an objection to such measures, and C received the application for provisional disposition (2017Kahap10302; hereinafter “instant application case”).

The Plaintiff asserted that “the Plaintiff sought payment of KRW 6,168,00,00 not paid by the Defendant out of the operating expenses incurred by the Plaintiff in response to the instant application case, including attorney fees, for the duties of the election commission,” and filed a lawsuit against the Defendant (Chowon District Court Decision 2018Gau-si Court Decision 2018Dau714, Oct. 18, 2018), but the said court dismissed it, and the Plaintiff appealed.

On February 14, 2019, the Defendant held a conference of delegates and passed a resolution to dismiss the Plaintiff from the Defendant’s representative as follows:

(hereinafter referred to as “instant dismissal disposition”). An incumbent representative is filing a lawsuit against the branch, and exercising a speech and voting right as a member of the representative conference which is a regional deliberative body, was decided on January 23, 2019 at the steering committee that decided on January 23, 2019, and the proposal for dismissal of representatives was resolved to be dismissed by a secret vote as follows.

- A.I.D. -

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