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(영문) 의정부지방법원고양지원 2017.12.15 2017가합353

부당징계 무효 및 근로자 지위 확인

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1. We dismiss the part of the claim for nullification of the disciplinary action in this case.

2. The Defendant’s KRW 16,96,666 and the Plaintiff.

Reasons

1. Facts of recognition;

A. Status of the parties and current status of the defendant union 1) The defendant is the defendant under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

(2) The number of the Defendant’s members is 467 as of the date of authorization for the establishment, which was established pursuant to the provisions of the Act and obtained authorization for the establishment of an urban environment improvement cooperative from the competent authority on November 9, 201. The Plaintiff is a person who entered into an employment contract with the Defendant and works in the office of the Defendant from February 1, 2016 to the office of office.

B. On February 1, 2016, the Plaintiff and the Defendant entered into an employment contract between the Plaintiff and the Defendant (Evidence A No. 1) with the following major content, and concluded the employment contract (hereinafter “instant employment contract”).

The Plaintiff has provided its labor as stipulated in the above labor contract before receiving the disposition of suspension from office as follows.

The term of contract under Article 2 (Period of Contract) among the "labor contract (Evidence A)" shall be from February 1, 2016 to December 31, 2016, and shall be renewed every year at the expiration of the contract date, and shall be notified at least one month prior to the expiration date of the contract at the time of renewal.

Article 3 (Details of Work and Place) (2) The main affairs of the plaintiff shall be overall affairs following the promotion of the rearrangement project of the partnership.

The standards for determining and paying wages under Article 6 among the approximates shall be the total annual salary.

(3) The wage calculation period: From the first day of each month to the last day of each month, the payment method: The total annual salary shall be divided into the Plaintiff’s account or the account designated by the Plaintiff, and it shall be paid once a month.

Article 7 (Retirement Allowance) The retirement allowance of an employee shall not be paid according to the contract of the employment contract under the contract of the employment contract.

Matters not specified in this contract among the outlines of Article 11 (Special Agreement) shall be determined by the Cooperative (Regulations, Accounting Regulations, etc.).