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(영문) 서울동부지방법원 2016.07.05 2015가합109391
징계무효확인
Text

1. The Defendant’s decision on disciplinary action against the Plaintiff on September 15, 2015 confirms that the disciplinary action against the Plaintiff is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Defendant is an organization with the aim of contributing to the promotion of national sports by widely spreading so that he can improve the physical strength of the people, supervising and guiding athletes and their organizations, and promoting the enhancement of national prestige by fostering excellent athletes. The Plaintiff is in charge of the Defendant’s Biffball Association, the Managing Director, and the Managing Director Council of the 247 General Executive Directors.

B. On September 15, 2015, the Defendant held the third statutory punishment committee and resolved on disciplinary action against the Plaintiff on the agenda of the disciplinary action against the Plaintiff, and on the ground that “violation of the articles of association and embezzlement of public funds” were “violation of the articles of association and embezzlement of public funds.”

C. The Defendant did not inform the Plaintiff of the referral of disciplinary action to the statutory punishment committee while the statutory punishment committee passed a resolution on the Plaintiff’s disciplinary action, or did not go through the procedures to provide the Plaintiff with an opportunity to vindicate the disciplinary action.

After the completion of the disciplinary procedure, the Plaintiff requested the Defendant to verify the facts of disciplinary action on September 21, 2015, and the Defendant notified the Plaintiff of the results of the review by the Legislative Punishment Committee on September 23, 2015.

The defendant did not report the disciplinary action against the plaintiff to the Korean Olympic Committee.

On August 25, 2015, the defendant selected and appointed directors on August 25, 2015, held a board of directors on September 3, 2015, and claimed a legislative penalty committee.

According to the defendant's articles of incorporation, the statutory punishment committee shall be established as a resolution of the board of directors, and the directors shall be appointed through the general meeting from among the persons recommended by the chairperson and shall be authorized by the Sports Council. The directors appointed on August 25, 2015 did not receive the authorization of the Korea Sports Council.

(Articles 49 and 17 of the Articles of Incorporation of the Defendant)

The relevant provisions of the defendant's statutory penalty committee are as follows:

Article 1 (Reasons and Names for Establishment) The defendant's articles of association and the provisions of the Korean Olympic Committee on Punishment for Legislation shall be established and operated in accordance with the provisions of the Korean Olympic Committee, and its name shall be called the legal penalty committee

Article 2 (Purpose) Legislative Punishment Committee.

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