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(영문) 광주고등법원 2015.01.14 2014나3145

해고무효확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From December 2005 to November 5, 2013, the Plaintiff was in office as a member church of the E church, which is a branch church affiliated with B religious organizations (hereinafter “instant religious order”).

The defendant is a labor association affiliated with the religious order of this case under its jurisdiction.

B. On August 18, 2013, the Ethical Emergency Countermeasure Committee (hereinafter “Emergency Countermeasure Committee”) comprised of F, Ethical G, office H, etc., signed by 218 Ethr. On September 29, 2013, the Defendant submitted a written petition for termination of a church with the content that “the Plaintiff left a church with a large degree of gender since he/she left the church, thereby leaving the church, thereby leaving the church no longer wanting to perform the Plaintiff’s duties at the Ethrative. Therefore, the Plaintiff’s petition is filed.”

(hereinafter “instant petition”). C.

On October 2, 2013, at the 115th Extraordinary Labor-Management Council held on October 22, 2013, the Defendant established an Investigation and Settlement Committee comprised of four woods and three long-terms to handle the instant petition, and granted the right of full rights to investigate and handle the instant petition to the Investigation and Settlement Committee.

The Investigation and Processing Committee, after four meetings from October 24, 2013 to November 3, 2013, provided an explanation of the representative of the Plaintiff and the Edembians Association, and reported the result to the Defendant.

On November 5, 2013, 2013, the defendant confirmed that 212 of the 230 members, who were the defect of the E church, signed the written petition of this case with their own will, decided to dismiss the plaintiff from the position of a member of the E church (hereinafter referred to as the "decision on the cancellation of this case"), and notified the plaintiff on November 6, 2013.

E. Meanwhile, among the religious order constitution of this case and the defendant's rules, the parts related to this case are listed in the attached Form.

【In the absence of dispute, the contents and the entire pleadings described in Gap's Evidence Nos. 3, 7, 8, 15, 16, 18, 19, 36, 37, Eul's Evidence Nos. 1 through 8 (including the numbers of branches; hereinafter the same shall apply).

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