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(영문) 서울남부지방법원 2015.01.23 2013가합14270

해고무효확인 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A. D Co., Ltd., the Defendant’s position and director appointment system, 1) was mainly a trust company that mainly performs asset management duties. Around June 2005, D Co., Ltd, the Defendant’s overall headquarters, was incorporated into E Co., Ltd., and changed the name of the Defendant. Around November 30, 2008, F Co., Ltd., merged with F Co., Ltd., and became integrated as assets management and securities business. Around November 30, 2008, the Defendant continuously transferred its employees belonging to the asset management business group from around 2002 to the securities business group. Around January 2009, the Defendant revised the “Executive Director System Operation Regulations” to the “Executive Director System Operation Regulations” to newly establish a director appointment, the general executive officer, who is separate from executive officers.

3) On the basis of age, the Defendant selected persons commissioned as directors from among class 2 and 3 employees, and individually received a resignation from the eligible persons, and concluded a contract for appointment of directors. On June 1, 2009, the Defendant: (a) concluded a contract for appointment of directors with eight employees of the head of the department, including Plaintiff B, including Plaintiff B; (b) converted the existing heads of class 2, 3 branch offices and departments into the director appointment, and (c) 100 of the number of eligible 140 persons as of January 1, 2012, was appointed as the director appointment after resignation. (b) The Plaintiffs submitted the Plaintiffs’ resignation submission and the conclusion of a contract for appointment of the regular director or director appointment. (b) The Plaintiffs were employed by G corporation in general service in 1988, and Plaintiff B was employed by the Defendant on May 29, 2009; and (d) on June 28, 2010, Plaintiff B submitted the resignation certificate to the Defendant on May 31, 2010, 2009.

2) The Plaintiff B and the Defendant entered into a contract between the Plaintiff B and the Defendant for a regular director appointment or director appointment contract between the Plaintiffs and the Defendant (1) and the Defendant, which set the contract term from June 1, 2009 to May 31, 201, the total annual salary of KRW 100 million, and performance-based payment as 50% of annual salary, from June 1, 2009.