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(영문) 창원지방법원 2018.08.16 2018가합50058
징계처분 무효 확인 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Gyeongnam-do Ctransport Business Association (hereinafter “Gyeongnam-do”) is an organization comprised of persons with C licenses in the Gyeongnam-do, and the Defendant is an organization that operates the members selected in accordance with the rules on the selection of the Defendant Steering Committee for the participation in the call service business among the members of the Gyeongnam-do D branch of the Gyeongnam-do Association.

B. The representative of the defendant shall be the head of the Gyeongnam Association D branch (Articles of Incorporation Article 18 subparagraph 1), one representative (branch chief), one call chief, six operating members, and two auditors, except that the auditor has no voting rights.

(Articles of Incorporation § 22(4).

(Articles of Incorporation 20). The provisions of the Articles of Incorporation Governing the Defendant’s Operating Committee and the Monetary Punishment Committee are as follows:

Article 21 (Convocation of Steering Committee and Matters to be Resolved) The call chief may, if necessary, convene a meeting of the Steering Committee and deliberate and decide on the following matters:

4. Matters relating to rewards and disciplinary actions against members;

7. Where any other matter proposed by the representative as deemed necessary or not stipulated in the relevant disciplinary regulations, but disciplinary action is deemed necessary, Article 22 (Resolution).

2. The operating committee shall be established with the attendance of more than a majority of registered officers, and shall be decided with the concurrent vote of a majority

(c) Matters concerning expulsion of members shall be decided with the consent of a majority of the participating officers or more.

3.The chief of a call shall have no vote in a resolution and shall have a decision in case of votes of approval and disapproval.

Article 28 (Composition of Detailed Committee) Members shall be punished by a resolution of the Detailed Committee.

2. The standing committee shall be comprised of seven members, including six members in call centers and operating committee;

3. A meeting of the standing committee shall be convened when the matters subject to the standing punishment have occurred or when there exists a request from a majority of its members or more.

Article 29 (Deliberation Matters) The Monetary Punishment Committee shall deliberate on the following matters:

1. Matters relating to the reward and punishment of members;

2. The kinds of disciplinary action against members as prescribed in Article 31 (Kinds of Disciplinary Action).

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