logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.01.24 2018구합10927
징계처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 30, 2002, the Plaintiff registered as a certified judicial scrivener with the Local Certified Judicial Scriveners Association on July 30, 2002, and is performing the affairs of a certified judicial scrivener in the C building and third floor.

B. On April 12, 2018, the Defendant, under Article 48(1)1 and 2 of the Certified Judicial Scriveners Act, imposed a disciplinary measure against the Plaintiff for three months of business suspension (hereinafter “instant measure”) on the ground that the Plaintiff violated Articles 19 and 30 of the Certified Judicial Scriveners Act, and Article 34 of the Rules of Certified Judicial Scriveners as follows:

1. Although a certified judicial scrivener who received excessive fees for certified judicial scrivener did not receive money or other valuables under any pretext other than the fees prescribed by the rules of the D Association, the Plaintiff received an excessive amount of KRW 6,009,911 from among the cases that he accepted from August 1, 2016 to October 31, 2016.

2. A certified judicial scrivener who violates his/her duty to prepare and keep a receipt shall prepare a receipt in the form prescribed by the D Association when he/she receives remuneration from a mandator. However, the Plaintiff did not enter the amount of tax base or standard market price in 2015 and 2016, and KRW 3,674,182 in the receipt among the cases that he/she accepted from August 1, 2016 to October 31, 2016.

3. A certified judicial scrivener who violates his/her duty to comply with the rules shall comply with the rules of the affiliated Local Certified Judicial Scriveners Association and the D Association. However, the Plaintiff rejected the Plaintiff’s request for submission of research data by the chairperson of the B Local Certified Judicial Scriveners Association, the chairperson of the Ethical Association, the chairperson of the Ethical Association, and the reply or explanation as to whether the president of the B

[Ground of recognition] Facts without dispute, Gap evidence 2, 3 (including paper numbers; hereinafter the same shall apply), Eul evidence 3, the fact inquiry results about B local Certified Judicial Scriveners Association of this Court, the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant disposition does not exist.

B. The instant disposition deviates from and abused discretionary authority.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

A. 1) Whether the grounds for disposition exist and the fees of certified judicial scrivener are excessive.

arrow