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(영문) 수원지방법원 2014.05.22 2014가합1754

해임처분취소

Text

1. The Defendant’s branch of the Gyeonggi-do Association for the Disabled is the Plaintiff at the Personnel Committee for the Disabled on October 25, 2013.

Reasons

1. Basic facts

A. From October 3, 2012, the Plaintiff was dismissed as follows while serving as the head of the Gyeonggi-do Association for the Disabled Persons with Disabilities B branch.

B. On October 25, 2013, the Defendant: (a) held a personnel committee in the first floor of the seminars hall at the center of the first floor of the veterans hall; (b) decided to dismiss the Plaintiff with the consent of six (6) members from among six (5 to seven members, including directors and office chiefs, according to the personnel management regulations of the federation of visually disabled persons of Gyeonggi-do incorporated associations; (c) as the head of the personnel committee, the director and office chiefs, and (d) as the head of the branch, was performing duties on behalf of the head of the branch; and (d) notified the Plaintiff on the same day.

The violation of the plaintiff's violation is "the duty of good faith under Article 3 (1) of the Regulations on the Services of the Minority B, the duty of unconstitutionality under Article 3 (2), the duty of unconstitutionality under Article 3 (3), the duty of prohibiting escape from the workplace under paragraph (4), the duty of friendship and fairness under paragraph (4), and the duty of maintaining dignity under paragraph (7), and the act of impairing the honor and dignity of the plenary session regardless of whether it is inside or outside Article 42 (3)

C. The main contents of the Defendant’s personnel regulations and service regulations are as follows.

Part II of the Personnel Committee for Chapter VII of the Federation for the Disabled of Gyeonggi-do (Operation of Personnel Committee)

1. The personnel committee shall be convened when the chairman deems it necessary, and shall be the chairman of the committee;

2. The personnel committee shall pass a decision with the attendance of more than a majority of incumbent members and concurrent votes.

However, in cases of numbers of votes of approval and disapproval, the chairperson shall determine.

5. Notwithstanding the provisions of subparagraph 1, where the Chairperson is unable to attend a meeting of the personnel committee, the Chairperson may delegate his/her authority to the Chairperson of the personnel committee to any one of other members to hold the meeting, and pass a resolution on the agenda in accordance with the procedures referred to in subparagraph 2.

Chapter 6. The Chairperson of Article 33 (Dismissal) guaranteeing the status and rights and interests shall be an employee.