logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.11.08 2018나2067030
징계처분무효확인 등 청구의 소
Text

1. Revocation of the first instance judgment.

2. Of the instant lawsuit, confirmation of invalidity of disciplinary action for two years of suspension of rights as of April 17, 2018 is made.

Reasons

1. Basic facts

A. The Defendant is a non-profit incorporated association established pursuant to Article 28 of the Medical Service Act, whose members are nationwide, and the Plaintiff is the chief vice-chairperson of the Defendant from April 1, 2013 to October 21, 2017. From September 11, 2013, the Defendant concurrently held office as the chairperson of the website Steering Committee from September 29, 2013, and was dismissed on November 29, 2013 (the Defendant, who is an information and communications director until the appointment of the chairperson of the website Steering Committee, was the head of the E branch from April 25, 2018.

B. On April 17, 2018, upon the filing of the suit by the director of the Federation, the Defendant held a Central Ethics Committee and decided to take disciplinary action suspending the Plaintiff’s rights as a member for two years (hereinafter “instant first disciplinary action”). The facts of recognition of the written decision on disciplinary action (Evidence A 3) and the judgment are as follows.

The plaintiff, who is the subject of the complaint, was the chairperson of the homepage management committee, to prohibit the blocking, writing transfer, deletion, bulletin board entry, and writing using K, L, and MID, respectively or in duplicate, when he/she serves as the chairperson of the homepage management committee.

F, G, I, H, and J have used K, L, and MID to prohibit members from moving 987 letters, 197 letters, 110 bulletin boards, and writing.

In conclusion, the plaintiff defense that the information and communications director of the website management rules is unrelated to himself/herself by the resolution of the information and communications council as the core operator of the website management. However, all of the events on the website did not have obtained the approval of the board of directors by the resolution of the information and communications committee. Moreover, since September 10, 2013, the plaintiff, the chief vice-chairperson of the website management committee, on September 12, 2013, the plaintiff, the chairperson of the website management committee, stated that "It is true that the plaintiff, the chief vice-chairperson of the homepage management committee, was sent a crime related to the operation of the bulletin board."

arrow