(영문) 수원고등법원 2020.01.30 2019나14376

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(영문) 수원고등법원 2020.01.30 2019나14376

징계처분무효확인의 소

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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

Basic Facts

The reasons stated in this part are as follows, inasmuch as the entry of “basic facts” in the judgment of the court of first instance is the same as that in the judgment of the court of first instance, they are cited in accordance with the text of Article 420 of the Civil Procedure

The “Defendant B Association” is dismissed as the “Defendant”; and the “Defendant C Association” as the “Co-Defendant C Association in the first instance trial” (hereinafter “C Association”).

3.7. The following shall be added to:

The Defendant’s “Rules of the Sports Process Committee” (No. 1) and “Rules of the Sports Process Committee” (No. 30) of the Organization C are as shown in the attached Table 30, respectively. The instant disciplinary action against the Plaintiff’s assertion is null and void as the following defects exist. As such, the confirmation of its invalidation is sought.

1) At the time when the Defendant’s Sports Committee decided to take the instant disciplinary action, one of its members was interested in the victim G, and the Defendant did not specify the grounds for the disciplinary action. In addition, the Defendant’s act of assaulting F, etc. was a justifiable act necessary for the purpose of education in light of the details and motive thereof, and thus, cannot be deemed the grounds for the disciplinary action, and even if it falls under the grounds for the disciplinary action, there is a defect that deviates from or abused the discretion regarding the disciplinary action.

Judgment

In full view of the following facts or circumstances, it is reasonable to deem that the instant disciplinary action was a material procedural defect, without specifying the grounds for the disciplinary action, in light of the following facts or circumstances, which can be acknowledged by comprehensively taking account of the entire purport of pleadings in the descriptions of evidence Nos. 11, 12, 2-2, 2-B, 2-B.

① According to Article 25(1) and (2) of the Rules of the Defendant’s Sports Process Committee, the Defendant’s Sports Committee provides that the Defendant’s Sports Committee shall notify the discipline accused person of a written decision by specifying the grounds for

This is a disciplinary action against the suspect for any misconduct.

참조조문

-민사소송법 제420조

유사 판례

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