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(영문) 서울동부지방법원 2018.08.30 2018가합198
징계무효확인
Text

1. We affirm that the Defendant’s disciplinary action against the Plaintiff on January 17, 2018 against the Plaintiff is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is an incorporated foundation established pursuant to the Act on the Organization B and engaged in the business of promoting members’ welfare, stabilizing employment security, and expanding rights and interests. The Plaintiff is a person who was employed by the Defendant on August 1, 2009 and served as the director of the asset development headquarters until September 19, 2012, the director of the asset management headquarters accounting division until July 31, 2014, the director of the asset management headquarters accounting division by May 28, 2015, the director of the fund raising division of the finance headquarters by December 31, 2015, the director of the fund raising division of the finance headquarters by December 31, 2015, and the director of the fund raising division of the finance headquarters from January 1, 2016 to April 15, 2018.

B. From September 25, 2017 to September 29, 2017, the Defendant’s audit office conducted a regular audit of the Defendant’s asset management team of the Defendant’s management headquarters. As a result, the Defendant’s audit result demanded disciplinary action against the Plaintiff that “the maintenance cost of dignity paid to the representative director and executive officers of a special corporation (SPC) established for the sale of assets was included in the salary, which was the activity cost that the Defendant paid on behalf of the special corporation, and was paid on behalf of the special corporation.”

C. On December 15, 2017, the Defendant: (a) held a disciplinary committee on December 15, 2017; (b) decided on three months of suspension from office against the Plaintiff on the ground that the Defendant paid bonuses, retirement allowances, etc. to the Plaintiff on a negative basis after including the cost of maintaining dignity, and then paying the bonus, retirement allowances, etc.; and (c) on January 17, 2018, the Defendant took a disciplinary action against the Plaintiff for three

The articles of incorporation, personnel and service regulations, and audit regulations of the defendant relating to the instant case are as follows.

-Article 85(Disciplinary Grounds, etc.)1. Disciplinary action shall be taken against officers and employees and members of the plenary session who violate the law, this article of incorporation and any regulations enacted thereunder, and those who derange the plenary session, disturb the discipline of the plenary session, or impair the honor of the plenary session.

(2) The disciplinary action against members shall be classified into expulsion, suspension of qualifications, and reprimand, and the disciplinary action against executives or employees shall be classified into dismissal, suspension of qualifications, suspension of duties, reduction of salary, and reprimand.

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