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(영문) 서울고등법원 2015.02.25 2014나2035998
징계처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Under Article 54 of the Act on Honorable Treatment of C and Establishment of Related Associations, the Defendant is a legal entity established to cultivate self-support ability by promoting friendship between C and his/her bereaved family members, and to improve the rights and interests of C and their bereaved family members, and the Plaintiff is the Defendant’s representative.

B. On October 8, 2013, the Defendant: (a) held a standing committee for the Plaintiff; and (b) held a standing committee and a board of directors on October 30, 2013, following deliberation by the said standing committee; and (c) decided that the Plaintiff’s act constitutes grounds such as “damage of the C’s reputation and dignity” under Article 2(3) of the Criminal Procedure (Disciplinary Punishment Regulations (hereinafter “Disciplinary Punishment Regulations”); (b) “damage of the members’ friendship and dignity”; and (c) “Interference with the members’ friendship” under Article 2(6); and (13) “Inciting the status of an organization, it shall be deemed that the Plaintiff’s act constitutes one-year disciplinary measure of qualification suspension.”

(hereinafter “instant disciplinary action”). C.

On November 8, 2013, the Defendant notified the Plaintiff of the above disciplinary action, and the Plaintiff appealed against the above disciplinary action and filed a request for reexamination on November 12, 2013 on the ground that there is no ground for disciplinary action against the Defendant.

Accordingly, the defendant held the 8th board of directors on November 26, 2013, and decided to review the following disciplinary action.

2. Details of disciplinary action;

(a) One year of suspension of qualifications;

(b) Posting an apology at the free bulletin board of website within one week after receipt of the notice of prohibition of access to the headquarters site meeting, prohibition of access to the website (fuse of the website), and publication of an apology during the period of punishment;

3. Relevant grounds: Injury to the honor and dignity of the C subject to the application of Article 4(1), interference with the unity of members' friendship, prejudice to the organization's status, and promotion of inequality as a result of a violation of Article 2(3), (6), or (13) of the Monetary Punishment Regulations.

4. Date of disciplinary action: November 26, 2013;

The articles of incorporation and the reward and punishment provisions of the defendant are as follows:

Article 27 (Board of Directors) (1) The board of directors shall be comprised of the chairperson, vice-chairpersons and directors.

Article 28 (Resolution of Board of Directors) (1) Matters to be resolved by the board of directors shall be as follows:

7. Matters concerning rewards and disciplinary actions.

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