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(영문) 의정부지방법원고양지원 2016.11.18 2016가합70393

해고무효확인

Text

1. The defendant shall pay KRW 5,442,741 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit: 9.0

Reasons

1. Basic facts

A. The Defendant is the management body of the Yongsan-gu Seoul Metropolitan City B Commercial Building (hereinafter “instant building”), and the Plaintiff served as an employee of the Defendant’s secretariat (office: the secretary general) from September 3, 2013.

B. On May 27, 2015, the president C, the representative of the Defendant, notified the Plaintiff of the suspension of duty as follows (hereinafter “instant suspension of duty”).

The details of disciplinary action: The 12-month disciplinary action date of suspension from office: June 1, 2015 (the suspension of work for 12 months after the due date and the suspension of work until reinstatement): The disciplinary action is not cancelled or automatically dismissed during the period of suspension from office, even after six months from the date of disposition, such as injury to dignity, acceptance of money and valuables, shortage of work ability, etc.

Benefits shall not be paid during the period of suspension.

C. On June 8, 2015, the Plaintiff asserted that the instant suspension disposition against the Defendant was null and void, and filed an application for provisional disposition (2015Kahap135) with this court seeking to preserve the status as the Director General (2015Kahap135).

On July 14, 2015, the Defendant convened a management committee and made a resolution of dismissal of the Plaintiff as 8 affirmative votes, 2 opposing votes, and 1 presses while all the 11 members of the management committee were present. On July 15, 2015, the Defendant notified the Plaintiff of the dismissal (hereinafter “instant dismissal”).

E. The provisions of the Defendant’s management rules pertaining to this case are as follows.

Article 54 (Establishment of Secretariat) (1) The secretariat shall be established for the efficient business of the managing body.

Article 55 (Duties of Secretariat) (1) Assistance of the Chairperson to the general meeting and management committee. (2) Affairs related to the general meeting and management committee, such as the holding of the general meeting and management committee, preparation of materials, and meeting minutes management. (3) Management, supervision and contract management of the entrusted company. (5) Management and supervision of the mid- to long-term plans, public relations and revitalization for the development of the shopping mall, when an employee of the secretariat falls under any of the following: