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(영문) 전주지방법원 2015.09.04 2015가합1641

해고무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is a juristic person registered with the establishment permission of the Ministry of Culture, Sports and Tourism on July 22, 1995 for the purpose of realizing the ideology of the Buddhistism and the development of D.

나. 원고(법호: E)는 2003. 5. 16. F(이하 ‘피고 종단’이라고 한다)의 총무원장이던 G(법호: H, 이하 ‘H’이라고 한다)으로부터 피고의 종단공찰(宗團公刹)이자 직할사찰인 전북 완주군 I에 있는 J의 주지로 임명되어 2007. 5. 14.까지 주지 임무를 수행하였고, 2008. 9. 30. 다시 J의 주지로 임명되었다.

C. After that, on September 2013, K (Law: L; hereinafter referred to as “L”) took office as the president of the Defendant Religious Order on or around November 5, 2013, he/she designated J as the direct inspector of the Defendant Religious Order on or around November 5, 2013. On November 5, 2013, a resolution was made to the effect that the general inspector would be the ex officio appointment of J. Accordingly, on January 15, 2014, the president notified the Plaintiff on January 15, 2014, that the Plaintiff was dismissed from office due to the resolution of the said Religious Order, and that he/she transferred his/her duties and authority.

The provisions of Defendant Religious Order related to this case shall be as shown in the attached Form.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 11, Eul evidence 1, Eul evidence 2-7, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was legally appointed from the Defendant Religious Order to the Chief Justice of J. He guaranteed the Plaintiff a position of J for a lifelong period. Defendant Religious Order dismissed the Plaintiff from being well-known and appointed to the position of chief secretary by abusing his power of appointment as chief secretary, who is currently the chief secretary of the Defendant Religious Order. This was done without any grounds for dismissal, and the dismissal of the Plaintiff is invalid due to its procedural nature.

3. We examine ex officio the legality of the instant lawsuit on the determination of the legality of the instant lawsuit.

(a)one inspection shall belong to a specific group by establishing its legal relations;