해고무효확인 등 청구의 소
The plaintiff's appeal is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim is to purport of the appeal.
1. Basic facts
A. The Defendant is a company engaged in research and development of functional agricultural products, food processing, manufacturing and sale business, etc.
(hereinafter referred to as “Defendant Company”). B
On July 2, 2018, the Plaintiff entered into a president management contract with the Defendant for two years from July 2, 2018 to July 1, 2020, with the term of contract, the basic annual salary of KRW 70 million per annum, and performance rates of KRW 10,000 per annum, and the term “president management contract” with the Plaintiff.
(hereinafter referred to as the “instant contract”). Article 1 (Purpose of the instant contract) of the Act on the Management of the President (Purpose of the instant contract) aims to improve the company’s management performance and competitiveness by concluding a management contract between the company and the president with respect to all matters, including management goals, authority and responsibility of the president of the company, and remuneration, including performance
Article III (Term of Contract) (1) The term of this Agreement shall be two years from July 2, 2018 to July 1, 2020.
Article 4 (Authority and Responsibilities of President) (1) The president as the chief executive officer shall exercise overall control over all business activities on behalf of the company.
(2) Authority related to the performance of duties of the president shall be guaranteed by the articles of incorporation of a company and this Agreement, and he/she shall appoint and dismiss employees.
(3) The authority and responsibility of the president other than those determined in paragraphs (1) through (2) shall be governed by the relevant provisions of the company determined through a resolution of the board of
Article 5 (Management Objectives) (1) The management contract shall include management goals to be achieved by the president during the contract period.
(3) Business goals of the president under paragraph (2) shall be as specified in attached Table 1.
Article 7 (Evaluation of Actual Performance of Management Contracts) (1) The evaluation of the president's actual performance of management contracts shall be conducted by the board of directors.
Article 9 (Basic Annual Salaries) (1) The basic annual salary of the president shall be 50 million won (70,000,000 won) per year, and shall be paid 1/12 of each month on the summer day of the company.
Article 10 (Performance Rates) (1) Payment of piece rates to the president shall be made according to an increase in sales during the contract period and operating income during the contract period after the completion of this contract period.