beta
(영문) 대전지방법원 2016.04.07 2015구합103660

해고무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a local government that establishes and operates the Daejeon Metropolitan City Do Do Do Do Do Do Do Do Do dong (hereinafter “the instant Do Do Do dong Do Do dong Do Do dong Do dong Do dong Do.”).

On February 20, 1988, the Plaintiff was first commissioned as a member of the Teaching Team, and thereafter, he was re-commissioned every two years in accordance with the rules of operation of the Daejeon Metropolitan City Art Group (hereinafter “instant operational rules”).

B. On June 30, 2013, the Defendant issued a notice of dismissal (retirement Age) as to the Plaintiff on June 30, 2013, upon the expiration of the commissioning Period (hereinafter “instant dismissal”) that the Plaintiff was dismissed on June 30, 2013 as the Plaintiff’s age exceeds 55 years of age, which is the age limit under Article 7-2(1) of the instant Ordinance on the Establishment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion that Article 7-2 of the Ordinance on the Establishment of this case shall be 55 years of age or less, but it is reasonable to interpret the Ordinance on the Establishment of this case, which stipulates only the age at the time of commission rather than the age of maintaining the status of a member, if it is deemed that there is no impediment to health and artistic activities, and the Mayor deems it necessary, or if it is commissioned by the conductor and dance group of each art organization, the age may be extended after deliberation by the Committee.

Article 7-3 of the Ordinance on the Establishment of this case stipulates that the term of appointment of a member shall not exceed two years, but the member, the term of appointment of which has expired, may be re-commissioned, except in extenuating circumstances, and the member whose term of appointment has expired among the members of the Teaching Myak Group has been re-commissioned and continued to work, and the plaintiff also received a full-time class 1 in a regular rating for re-commissioned, conducted in 2012, by taking into account the practical evaluation, regular evaluation, and work evaluation. < Amended by Presidential Decree No. 23948, Jul. 1, 2012; Presidential Decree No. 277