부당해고구제재심판정취소
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1.(a)
The lower court: (a) recognized that Article 13(3) of the Articles of Incorporation of the Plaintiff Federation provides that “Acting for the duties of a successor even after the expiration of his/her term of office; (b) the fact that Article 15(2) of the Personnel Service Regulations of the Mutual Aid Association provides that “the chairperson of the Disciplinary Committee shall be the chairperson of the Disciplinary Committee; and (c) on June 30, 2014, S whose term of office expires until the appointment of a successor on October 22, 2015, performs the duties of the chairperson of the Mutual Aid Association; and (d) the chairperson of the Disciplinary Committee is the chairperson of the Mutual Aid Association, and thus, S shall act on behalf of the chairperson of the Disciplinary Committee
Furthermore, the lower court determined that it is difficult to view that the Plaintiff Federation and the mutual aid association following the date of the Plaintiff Federation’s submission of a letter of resignation to resign from the position of director of the Plaintiff Federation was an independent position, and it is difficult to deem that the Plaintiff Federation and the mutual aid association have expressed their intent to refuse to act as the chief director of the mutual aid association whose term of office expires until the appointment of the latter chief director was terminated, and that there was an inevitable circumstance that the Plaintiff Federation and the mutual aid association could not continue to perform their duties on the grounds that the Plaintiff Federation could not continue to perform their duties,
Accordingly, the court below held that the disciplinary committee of this case was defective in the procedure of convening a meeting and notifying attendance by P branch T, not the Chairperson S, and that there is a defect in the formation of the disciplinary committee of this case since the disciplinary committee of this case was held without excluding S, so the disciplinary action of this case is procedural defect.