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(영문) 서울동부지방법원 2016.07.15 2015가합111875
징계무효확인등
Text

1. The part of the claim to nullify each of the disciplinary actions in this case is dismissed.

2. The Plaintiff and the Defendant are the parties.

Reasons

1. Basic facts

A. 1) The Defendant is a person affiliated with CF and his spouse and lineal blood relatives who are members of CF and is established for the purpose of receiving deposits, installment savings, lending funds to members, cultural welfare business, education business for members, etc. (hereinafter “Defendant’s Credit Cooperatives”).

(2) On October 2, 1987, the Plaintiff entered the Defendant’s Treasury to serve as the head of the Credit Management Team (the head of the team).

B. The Defendant’s credit cooperative’s disciplinary action and the Plaintiff’s resignation 1) The Defendant’s credit cooperative’s monthly disciplinary action against the Plaintiff on November 16, 2015 on the ground of “violation of the obligation to obey under Article 46(1)1 of the Personnel Management Regulations and Chapter II of the Service Regulations” (hereinafter “the primary disciplinary action”).

(2) On December 11, 2015, the Defendant Treasury again issued a conditional disciplinary dismissal (hereinafter referred to as “second disciplinary dismissal”) against the Plaintiff on the ground that the Plaintiff was subject to a disciplinary action against violation of the duty to obey under Article 46(1)1 of the Personnel Management Regulations and Article 4 of Chapter II of the Service Regulations, and that “where a person fails to submit a resignation by December 21, 2015, he/she shall be removed from office” on the ground that “the Plaintiff was not subject to a disciplinary action against the violation of the duty to obey under Article 46(1)1 of the Personnel Management Regulations and

3) On December 21, 2015, the Plaintiff, on December 21, 2015, resigned from the Defendant’s Treasury (hereinafter “instant resignation”).

(c) The personnel regulations and service regulations of the Defendant’s Treasury relating to the disciplinary action are as follows.

[Personnel Regulations] Article 46 (Grounds for Disciplinary Action) (1) When an employee commits an act falling under any of the following subparagraphs, the president shall request the board of directors for a disciplinary resolution and take a disciplinary action according to the result of such disciplinary resolution:

1. Where he violates Acts and subordinate statutes, articles of incorporation, regulations and instructions and orders thereunder;

2. When he/she breaches or neglects his/her duties;

3. The body of a person regardless of a connection with his duties; or

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