해촉무효확인 등
1. On May 15, 2018, the Defendant confirmed that the measure that the Plaintiff proposed against the Plaintiff was invalid.
2...
1. Basic facts
A. From August 2016, the Plaintiff worked in Ulsan-gun E (hereinafter “instant golf course”) located in Ulsan-gun E (hereinafter “instant golf course”) operated by D from around August 2016.
Around May 2018, the Defendant had been elected as the head of the team at the “glar” group composed of the glars of the above golf course while working as a glar of the instant golf course. The Defendant, as the head of the team, has actually determined whether to place glars without involvement in the said company.
B. Around May 12, 2018, the Defendant notified the Plaintiff that he/she will be dismissed as of May 15, 2018 due to an instigious work against the Plaintiff, and excluded the Plaintiff from the placement of glds.
C. Due to the above measures taken by the Defendant, the Plaintiff was unable to work any longer due to the failure of the Plaintiff to work in the instant golf course as a glar.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings
2. The Defendant’s judgment on the Defendant’s principal defense was made on the Plaintiff’s expulsion measures, and the instant lawsuit is not an act performed by the Defendant’s individual, and thus, is unlawful on the ground that it did not have any interest in confirmation or it did not meet the qualification of the Defendant.
However, it is difficult to view that the glars composed of the glars of the instant golf course has the substance as a non-corporate group, not for the purpose of mutual investment of its members to conduct joint business, but for the purpose of its members to conduct joint business. It is difficult to see that the Plaintiff is in the position of workers under the direction and supervision of the company D. Thus, the Plaintiff cannot seek confirmation of the invalidity of expulsion, etc. against the whole members of the glars or the above company. Since the glars are changing from time to time by many members, it seems that the Defendant, the team leader of the glars group, actually, determined whether to place the glars of the instant golf course to the instant case.