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(영문) 울산지방법원 2019.09.26 2018가합1649

해고무효확인 등

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1. On October 10, 2018, the Defendant confirmed that the measure that the Plaintiff proposed against the Plaintiff was invalid.

2...

Reasons

1. Basic facts

A. On May 2018, the Defendant was elected as the head of the team of the “glar” group from the glars of the above golf course, while working in Ulsan-gun E (hereinafter “the instant golf course”) in Ulsan-gun, Ulsan-gun, Inc. (hereinafter “the instant golf course”).

Since then, the defendant, as the team leader of the golf meeting, decided the placement of glars on the golf game without involvement of the above company, and implemented the golf game after correcting part of the existing contents of the "Rules" to be observed in the life between glars.

B. On July 10, 2018, the Plaintiff received training from the Defendant on the performance of the instant golf course from the Defendant, and began with the instant golf course from a policeman around August 2018.

C. However, on October 10, 2018, the Defendant notified the Plaintiff that the Plaintiff would be expelled from the Plaintiff’s meeting, and excluded the Plaintiff from the placement.

The plaintiff could no longer work for the defendant's above measures, which is no longer assigned to the golf course in this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. With respect to the instant lawsuit against the Defendant seeking confirmation of invalidity of the expulsion measure against the Defendant, the Defendant’s expulsion measure against the Plaintiff was conducted at the so-called “Idddi group,” a non-corporate body, and the Defendant was not an individual’s act, and thus, the Defendant’s standing to be the Defendant of the instant lawsuit is the “Iddi group” itself. Thus, the instant lawsuit against the Defendant against the Defendant is unlawful as it did not meet the qualification requirements for the Defendant.

B. Determination 1. Article 48 of the Civil Procedure Act recognizes the capacity of a non-corporate entity as a party, even an association or a foundation that is not a legal entity.