해고무효확인 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant Association is a corporation established on April 15, 2008 for the purpose of promoting the sound development of real estate development business and specialization of business related to real estate development and preserving the dignity and rights and interests of its members (the former C Association was converted into the Defendant Association after its dissolution on October 2007) and the Plaintiff was affiliated with the above C Association on March 7, 2005 and has worked as the head of the planning office of the Defendant Association after the establishment of the Defendant Association.
B. At the time of March 2011, the number of full-time employees of the Defendant Association, including the Plaintiff, was six Plaintiffs, Nonparty F, G, H, I, and E, but the Plaintiff, who was the head of the planning office, had full-time power over budget execution, financial expenditure, and accounting of the Defendant Association and was in substantial control over the matters related thereto.
(The proposal and expenditure resolution for the Defendant Association's financing execution were made by the Plaintiff's full decision).
The Defendant Association (hereinafter “instant internal audit”) conducted two internal audits from February 22, 2011 to March 11, 2011 (hereinafter “the instant internal audit”). As a result, the Defendant Association’s interim settlement of the retirement pay amounting to KRW 68,364,470 for four of the full-time employees of the Defendant Association, as of March 5, 2008, was an interim retirement allowance settlement on May 27, 2010 for the Plaintiff, Non-Party F, G, and I, who had served for at least one year as of March 5, 2008. The amount paid as follows:
Plaintiff
F: 20,66,920 won : 24,591,490 won G 13,506,950 won : 68,364,470 won ; 68,364,470 won ; and 20,66,920 won ; 13,59,110 won ; 24,59,110 won ; it was pointed out that there is a problem in the execution and accounting of funds, such as the payment or other expenses under the pretext of local education allowances.
After that, on March 17, 2011, the Plaintiff submitted a resignation notice to Nonparty D, the president of the Defendant Association, and the Defendant Association is the same.
C. As of the 31st day of the month, the Plaintiff’s resignation was accepted.
E. Of the full-time employees of the Defendant Association, Nonparty E shall submit a resignation letter on March 9, 201 and shall be dismissed from office on March 14, 201.