2010Kahap272 Provisional Disposition for Suspension of Execution of Duties

1. Kim○○ (59-1);

Seoul

Service Place: Cheongju

2. The Kim Doz. (60-1)

Cheongju City

○ -

Cheongju City

November 1, 2010

1. Until the judgment on the confirmation of invalidity of an election of the president of the Cheongju District Court 2010 Gau1330 is rendered, no person shall perform his duties as the president of the Cheongju District Court 2010 Gau University;

2 . 위 직무집행정지기간 중 채무자의 직무대행자로 김◎ ◎ (49-1, 주소 : 서울)을 선임 한다.

3. The costs of lawsuit shall be borne by the obligor;

The same shall apply to the order.

1. Basic facts

Comprehensively taking account of the overall purport of records and examinations, the following facts are substantiated.

가. ◎◎대학교 교수회( 이하 교수회라 한다 ) 윤리위원회는 2009. 8. 24. 교수회 회원 중 채권자들을 포함한 6명에 대하여 영구제명, 김▣▣ 등 7명에 대하여 권리제한 10 년, 김▣▣ 등 8명에 대하여 권리제한 7년, 김▣▣ 등 8명에 대하여 권리제한 3년 등 의 징계처분을 하기로 의결하였다( 이하 이 사건 징계처분이라 한다).

B. On February 17, 2010, the professor’s association was elected as the professor’s president. Among 27 professors (165 all members) subject to the instant disciplinary action, 27 professors (165 members) did not give an opportunity to participate in the election, such as not giving a notice of convening an election of the professor president, and only 119 other professors attended and elected as the debtor who receives 62 marks among them.

2. Determination

(a) Relevant faculty rules;

Article 3 (Qualifications, Rights, and Obligations of Members) (1) Members of the faculty conference shall be full-time professors of not less than full-time lecturers who are in office at our university.

(2) Members shall have basic rights, such as a right to speak at a general meeting, a right to vote, and a right to vote and to be elected for executives, etc.

(3) A member shall have the duty to attend a general meeting, pay membership fees, obligation to observe the matters resolved at the general meeting, and other basic duties that may be borne by the member, and if he/she seriously violates such duty, his/her qualification and right may be restricted

Article 4 (Composition) Professors shall have a general meeting and operating committee.

Article 9 (Establishment and Resolution of General Meeting) (1) A General Meeting shall be held at least 1/3 of its present members, including power of attorney, with the attendance of a majority of its present members and with the consent of a majority of its present members present. Dial power of attorney shall be recognized only within 1/5 of the present members. Current members means the number excluding the number of members who cannot participate in the General Meeting due to reasons such as dispatch, training, temporary retirement,

(2) A bill that has failed to pass a resolution twice consecutively may be substituted by written voting in accordance with a resolution of the Steering Committee.

(3) A decision in writing shall require the concurrent vote of a majority of present members and of a majority of voters.

(4) A proposal for dismissal of the president and a resolution for dismissal of executive officers shall be adopted with the attendance of at least 2/3 of present members and with the consent of at least 2/3 of the members

Article 10 (Power of General Meeting) (1) The General Meeting shall adopt resolutions concerning:

4. Establishment and amendment of regulations related to professors' associations;

6. Restrictions on qualifications and rights of members under Article 3 (3);

(b) Right to be preserved;

According to Articles 3(3) and 10(1)6 of the Regulations of the Teaching Council, where a member of the Teaching Council seriously violates his/her basic duties as a member, the qualification and rights of the member may be restricted. Accordingly, a general meeting shall pass a resolution on the restriction on the qualifications and rights of the member. According to Article 9(1) of the same Regulations, the general meeting shall be held at least 1/3 of the current member, and the general meeting shall be held with attendance of at least a majority of the present member and shall pass a resolution with the consent of a majority of the present members present. Meanwhile, Article 4 of the Regulations of the Teaching Council only stipulates that the faculty shall have a general meeting and an operating committee, but there is no basis for

Therefore, the instant disciplinary action is null and void because it was taken by an ethics committee consisting of not less than seven but not more than nine members, without complying with the procedures of the faculty council’s regulations, which stipulate the qualification and restriction of rights of the members as the authority of the general meeting. The election of the faculty president of this case, which was taken without providing twenty-seven professors who are subject to the instant disciplinary action, with an opportunity to participate in the election of the faculty president, shall be null and void because the procedural defect

C. Necessity of conservation

According to the overall purport of the record and examination, knife University is divided into the person who asserts the withdrawal from the foundation and the opposing person, and the debtor has attempted to take the disciplinary measure of this case illegally in order to exclude opposing professors from the establishment withdrawal movement. Although the disciplinary measure of this case is apparent to have been taken in violation of the relevant faculty rules, the debtor continues to dispute the obligees' membership as a professor's member, and if the professors whose right to vote was restricted were to participate in the election of the faculty president of this case, the result of the election of the faculty president of this case may vary. In light of various circumstances, if the debtor's duties are not determined in advance until the main decision on the confirmation of invalidation of the election of the faculty president of this case is rendered, it may cause damage difficult for the professor's association, its members and creditors to recover. Therefore, the necessity to preserve the debtor's duties temporarily in the event of temporary suspension of the execution of duties as the professor president of the debtor can be explained.

3. Appointment of an acting director;

It is reasonable to appoint Kim Wil (49-1, address: Seoul) who, during the period of the debtor's performance of duties, was an acting representative of the debtor, was the professor of ○○ University at ○ University and the second professor at ○ University.

4. Conclusion

Therefore, the application for provisional disposition of this case is reasonable, and it is decided as per the Disposition.

(Presiding Judge)

Thailand

Kim Jong-Ma