부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
A. The Plaintiff is a management body established pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”) with all sectional owners of the building located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant commercial building”) as its members.
B. D concluded a labor contract between the Intervenor and the Intervenor on January 30, 2015, with the term of the contract from February 1, 2015 to June 30, 2015, under the qualification of the Plaintiff’s acting manager, with the content that the Intervenor is employed as the managing director of the instant shopping district. On June 30, 2015, D concluded a labor contract between the Intervenor and the Intervenor on the same qualification to extend the term of the contract by June 30, 2017 (hereinafter “instant labor contract”).
C. On October 17, 2015, E elected as a manager at a temporary management body meeting on October 20, 2015, and on October 20, 2015, on behalf of the Plaintiff on behalf of the Plaintiff, the Intervenor entered into an employment contract with a non-entitled person D, a non-chairperson of the management body, and resolved to dismiss the Intervenor from the position of the head of the management office and terminate the employment contract at the meeting of the executives of the new management body held on October 19, 2015 on the ground that the Intervenor illegally leases the parking lot of the instant commercial building. On October 19, 2015, E resolved to dismiss the Intervenor from the position of the head of the management office and to terminate the employment contract. On the same day, the Plaintiff notified the Intervenor of the termination of the employment contract verbally and requested the Intervenor to leave the management office, and
E, on October 21, 2015, on behalf of the Plaintiff, notified the Intervenor of the termination of the labor contract on October 20, 2015, but the Intervenor has been detained and the Intervenor has raised an objection, respect the Intervenor’s intent, and revoked it: Provided, That the Plaintiff has experienced business difficulties due to excessive management expenses and frequent retirement of occupancy workers and efforts to reduce management expenses at the temporary meeting of the management body.