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(영문) 제주지방법원 2016.11.24 2016가합10649

해고무효확인

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The part of the claim for confirmation of invalidity of dismissal of the lawsuit in this case is dismissed.

The plaintiff's remaining claims are dismissed.

Reasons

1. Facts of recognition;

A. The Defendant is a company established on August 31, 1984 for the purpose of golf course business, etc., and the Plaintiff was appointed as the Defendant’s intra-company director (executive director) on April 18, 2014 and was dismissed on November 30, 2014.

B. On November 11, 2011, the Defendant dismissed the Plaintiff from office of the Executive Director.

(hereinafter “instant disposition for dismissal”)

C. On November 30, 2014, the Defendant held a special general meeting of shareholders and passed a resolution to dismiss the Plaintiff from office as an internal director (hereinafter “instant resolution of dismissal”).

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

2. The Plaintiff’s assertion A) The Defendant asserted that the Plaintiff embezzled the Defendant’s sales, and resolved to dismiss the instant case and dismiss the Plaintiff, and thereafter the Defendant filed a complaint with an investigative agency for embezzlement of business. However, since the investigative agency rendered a decision of non-guilty suspicion against the Plaintiff, the instant dismissal and dismissal resolution of the instant case is null and void since it did not recognize the grounds therefor). However, in order to justify the resolution of dismissal of the instant case, the Defendant filed a complaint against the Plaintiff in the course of occupational embezzlement, etc., but the Plaintiff was subject

In addition, the former representative director of the defendant spreads the fact that the plaintiff filed a complaint for embezzlement against the defendant's employees.

Since the plaintiff suffered mental damage which is difficult to recover due to such complaint and defamation, the defendant is obligated to pay the plaintiff the consolation money for mental damage amounting to KRW 30,000,000 and delay damages.

3. We examine ex officio the determination on the legitimacy of the claim seeking confirmation of invalidity of the dismissal of this case.

A lawsuit for confirmation is one of the most effective and appropriate means to resolve the dispute, where the plaintiff's right or legal status exists in danger and the confirmation is rendered.