해고무효확인 및 임금청구
1.The claim for nullification of a change in exchange in the trial shall be dismissed;
2. The plaintiff's appeal is with merit.
1. Basic facts
A. From February 7, 2007 to December 31, 2014, the Plaintiff worked at the place of business of the Korean Senior Citizens Association B branch of the Korean Senior Citizens Association (hereinafter “B branch”) every year, and performed duties, such as the fact-finding survey on the operation of the center for senior citizens, the analysis of needs of the center for senior citizens, the satisfaction survey, the establishment and implementation of the plan for supporting the center for senior citizens, and the education of the executives of the center
B. On December 11, 2014, the Defendant formulated a “plan for appointment of a senior citizen center tour manager” in 2015, and the main contents are as follows.
선정방법: 사업수행부서장(대한노인회 대구광역시연합회B지회장)의 추천을 받아 구청장이 선정 복무형태: 대구광역시 B 지방공무원복무관리조례의 규정을 준용하되, 구청장 또는 노인회B지회장이 필요하다고 인정할 때에는 근무일 또는 근무시간 변경을 명할 수 있다.
The method of payment, such as remuneration for the manager: The Local Public Officials Remuneration Regulations shall apply mutatis mutandis to cases where payment, absence, etc. occurs due to the confirmation of the status of service of the Chairperson
C. On December 12, 2014, the Defendant notified the B Branch of the “Plan for the placement of the tour program manager in the center of senior citizens in 2015” to the B Branch, and requested the recommendation by the 24th day of the same month.
B on December 23, 2014, the branch office requested the Defendant to publish the notice of employment “the manager of the 2015 Senior Citizens’ Center tour Program in the name of the branch office leader on the Gu website.” The said notice of employment was written with the phrase “other matters to be asked to the B branch office of the Korean Senior Citizens Association, Daegu Metropolitan City Federation of the Korean Senior Citizens Association, and the attached application form also contains the phrase “(g) to return to the head of the B branch office of the Daegu Metropolitan City Federation of the Korean Senior Citizens Association.”
E. On December 29, 2014, B Branch recommended four applicants, including the Plaintiff, to be selected as “manager of the tour program for senior citizens’ clubs in 2015.”
F. On December 31, 2014, the Defendant is not the Plaintiff.