1. We affirm that the Defendant’s ex officio dismissal of the Plaintiff on November 15, 2010 against the Plaintiff is null and void.

2. The defendant on December 2010 to the plaintiff.

1. Basic facts

A. From May 10, 1986, the Plaintiff joined the Defendant and worked as an employee for twenty-five years.

B. On November 15, 2010, the Defendant’s auditor C requested ex officio dismissal of the Plaintiff on the grounds of Article 30 subparag. 2 and subparag. 8 of the Personnel Management Regulations (where the Plaintiff’s ability to perform duties is significantly insufficient or work performance is extremely poor) against the Plaintiff on the grounds that “the Plaintiff’s acting director D was found to have been provided money, valuables, and entertainment by E that he supplied the brokerage working pocketbook,” and the Defendant’s auditor C requested ex officio dismissal on the same day without the Defendant’s personnel committee’s request for disciplinary resolution against the Plaintiff and the procedures for deliberation of disciplinary action by the personnel committee. D was ex officio dismissal on the same day without the Defendant’s personnel committee’s request for disciplinary resolution against the Plaintiff and the procedure for deliberation of disciplinary action.

(A) No. 2, hereinafter referred to as "ex officio dismissal of this case")

The main contents of the personnel regulations of the defendant are as follows.

Article 30 (Ex Officio Dismissal) (1) Where an employee falls under any of the following subparagraphs, the appointing authority may dismiss him/her ex officio:

2. When an employee falls under any of the following subparagraphs, a resolution on disciplinary action shall be requested, and disciplinary action shall be taken according to the result of a resolution, when he/she has his/her ability to perform his/her duties, or his/her service record is extremely poor;

1. When he/she violates or neglects an official duty;

6. When an auditor requests disciplinary action according to the result of audit; 10. Where an employee embezzled public funds of the Association or uses them without obtaining approval from a person entitled to approve, the relevant employee and the persons in the next lowest income bracket shall be reprimanded jointly and severally, and the parties concerned shall take measures for compensation immediately;

Article 39 (Prescription of Causes of Disciplinary Action) (1) No disciplinary action shall be taken after two years have elapsed from the date on which the causes of Article 38 accrue.

Article 41 (Request for Disciplinary Decision) (1) The reasons as provided in Article 38.