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(영문) 광주지방법원 2016.06.03 2015가합4872
징계처분취소
Text

1. The defendant's disciplinary action against the plaintiff on July 20, 2015 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The status of the parties is a clan in which C is a common ancestor, and the plaintiff was a defendant's member from March 29, 2009 to March 23, 2012 as the defendant's chairperson.

B. On July 20, 2015, the Defendant passed a resolution on disciplinary action against the Plaintiff to the effect that “the Plaintiff created an atmosphere of non-performance and fear of behavior, which constitutes the grounds for disciplinary action under Article 37(4) of the clan Rules, and thus, constitutes the grounds for disciplinary action under Article 37(4) of the clan Rules, thereby suspending the Plaintiff’s membership for five years (hereinafter “instant disciplinary action”). Around August 25, 2015, the Defendant notified the Plaintiff of the instant disciplinary action.

C. The defendant's rules relating to the disciplinary action are as follows.

Chapter 9. The main sentence of Article 37 (Reward of Members) of the Disciplinary Punishment Act may award a commendation and discipline to a person who falls under any of the following subparagraphs, subject to a resolution of the board of directors:

1) An auditor shall refer a member falling under Article 38 (Procedure) and disciplinary action to the board of directors, who has contributed to the operation of a clan, who has maintained the member 2 or more of the members of the clan, who has contributed to the operation of the clan, has maintained the member 3 or more of the members of the clan, has caused damage to the property of the clan or of another member of the clan, or who has contributed to the operation of the clan, or who has contributed to the operation of the clan 4) by a code of conduct between the members of the clan or of the clan, or who has contributed to the operation of the clan in an unlawful and unjust manner, 6) the members of the clan who have contributed to the operation of the clan 6) who have contributed to the operation of the clan 1 to 6). The auditor shall propose a resolution to the board of directors by the chairperson, and shall make a resolution at the meeting of the board of directors after recommendation by the auditor.

2. The decision-making clans are naturally occurring for the purpose of protecting the graves of the common ancestor and promoting friendship among the religious members and their descendants.

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