해고무효확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The defendant is a regional housing association established to carry out a housing construction project at the D Day of Kimhae-si, and the plaintiff A is the head of the defendant's association, and the plaintiff B was the defendant's operating member.
B. The 338 members of the Defendant, including E, filed an application with the Changwon District Court for permission to convene an extraordinary general meeting of the Defendant for the purpose of holding a meeting to dismiss the existing executives (association president, vice-chairperson, general secretary, operating member, and auditor) and to appoint the former executives (association president, vice-chairperson, general secretary, operating member, and auditor). On June 26, 2018, the Changwon District Court accepted the application and decided to grant permission to convene an extraordinary general meeting.
C. On July 9, 2018, 338 members of the Defendant, including E, were publicly announced to hold an extraordinary general meeting that “The case of dismissal of an existing executive at July 21, 2018, and the case of dismissal of a new executive at the end of July 21, 2018, shall be the case of dismissal of an existing executive at the end of 2:00 p.m.”
On July 21, 2018, the Defendant held an extraordinary general meeting (hereinafter referred to as “instant general meeting”) and carried out voting for the matter on which the existing executives including the Plaintiffs are dismissed, F, etc. Around 14:42, the Speaker pro tempore declared that “147 persons directly present at the site to vote at the site and the number of persons who submit a written resolution is 119 persons, and “26 persons” recorded in the minutes of the 266 extraordinary general meeting, including 119 persons, are the clerical errors of “26 persons.” As such, the Defendant declared the closing of the Extraordinary general meeting.”
On the other hand, one of the union members who attended the general meeting made a proposal to the effect that "one of the union members who is present at the general meeting will proceed with the special meeting by preparing a quorum," and the union members who are present at the above proposal do not raise any objection, the Speaker revoked the closure declaration of 14:43 and declares the opening again after the closure declaration of the meeting.
Then continued.