beta
(영문) 서울행정법원 2018.01.26 2017구합50034

부당해고구제재심판정취소

Text

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.

Reasons

1. Details of the decision on retrial;

(a) An intervenor is an incorporated association established for the purpose of the sound development of export and import and the establishment of order in trade, etc., and employs approximately twenty full-time workers, who engage in business, including consultation and advice, with respect to members;

On May 16, 1988, the Plaintiff concluded a labor contract with the intervenor.

B. Around September 2009, the board of directors of the Intervenor resolved to appoint the Plaintiff as a full-time officer of the Intervenor.

On September 12, 2009, the Plaintiff submitted the written resignation to the Intervenor. At the time, the position of the representative of the Intervenor’s representative under the Articles of Incorporation is indicated as “the president” or “director” as “the certified copy of the register of the Intervenor.”

The term "chairperson" shall be referred to as "chairperson".

On the same day, C accepted the same date, and appointed the Plaintiff as a full-time executive officer of the Intervenor pursuant to Article 15(3) and the main sentence of Article 18(1) of the Intervenor’s Articles of Incorporation (the term of office from September 14, 2009 to September 13, 2012).

C. Around September 2012, the board of directors of the Intervenor resolved to be reappointed of a full-time officer of the Plaintiff, and D at the time, who was the president of the Intervenor, appointed the Plaintiff as a full-time officer of the Intervenor by setting the term of office from September 14, 2012 to September 13, 2015.

In addition, the board of directors of the Intervenor decided to be reappointed of a full-time officer of the Plaintiff on October 2015. At the time, E, the president of the Intervenor, at that time, appointed the Plaintiff as a full-time officer from October 12, 2015 to October 11, 2018.

On May 20, 2016, the board of directors of the Intervenor decided that it is impossible to appoint the Plaintiff as a full-time officer on the grounds that there is a defect in the resolution of reappointment of a full-time officer on October 2015. On the same day, the Intervenor notified the Plaintiff that he/she can no longer be appointed as a full-time officer.

E. On June 7, 2016, the Plaintiff asserted that the above notification constitutes unfair dismissal, and filed an application for unfair dismissal relief with the Seoul Regional Labor Relations Commission.

(b).