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(영문) 서울남부지방법원 2019.08.30 2018가합114410

해고무효확인

Text

1. We affirm that the Defendant’s removal on January 8, 2018 against the Plaintiff is null and void.

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

Reasons

1. Basic facts

A. The defendant church is a church with 61 payments across the country, including Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, etc.

B. D is the only supervisor of the Defendant church from around 1969 to around 2012 after establishing the Defendant church, and the Plaintiff is a father who has performed the activities in the debate dividends of the Defendant church.

C. On January 3, 2013, D declared on January 1, 2013 to the effect that the Defendant church was released from the supervisory office of the Defendant church as of January 1, 2013, and that E, one of its children, was delegated as a supervisor.

E subsequently expressed his intention to resign on March 12, 2017 while performing the supervisory duties of the defendant church.

Pursuant to Article 8 of the Rules on Disciplinary Action against the Gender of the Defendant church, the head pastor of the Defendant church and the head of the religious conference cooperation office F, on the ground that “the Plaintiff has seriously damaged the order of the church due to the significant violation of the formation of the church, the order disturbance, the church and the supervisory defamation, the occupational disability and the dispute scene, and other unfair acts, which currently are causing damage to the church, and is continuing such acts, and constitutes the subject of disciplinary action.” On December 22, 2017, the Defendant church requested for a disciplinary resolution against the Plaintiff to the Gender Personnel Committee on January 5, 2018, and the Gender Personnel Committee passed a resolution to dismiss the Plaintiff on the following grounds. The Defendant church notified the Plaintiff of the details of the said resolution on January 8, 2018.

- Refusal to leave the place of work of the cause of disciplinary action, refusal to guide the church (voluntary suspension of the private work in debate and return to Korea) - refusal to supervise the contents of the school domain on September 21, 2017, supervisory defamation, supervision defamation, insult, the cause of conflict between the church and the church (subject to debate) after returning to the Republic of Korea (subject to debate), and refusal to continuously guide the supervision and to follow the direction of the church (voluntary private work in the G itself's place of placement) on November 7, 2017 - the cause of conflict and the degree of the church's gender on the part of the church, such as the Seocheon, Seocheon Art and Distribution and Seocheon Scheon Distribution, etc.