(영문) 대전지방법원 2017.02.15 2015가합3062

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2017.02.15 2015가합3062

임금등

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 an organization composed of representatives of the occupants to manage B apartment units in Seongbuk-gu, Daejeon Metropolitan City (hereinafter “instant apartment units”), and the Plaintiff was employed as the head of the management office of the instant apartment on December 20, 2007 and worked until July 31, 2015.

B. The Defendant decided to change the management method of the above apartment to the entrusted management method entrusted to a specialized management company by the Defendant, and obtained the consent of 85.4% of the occupants.

- The council of occupants' representatives of a party has managed B apartment in itself, but it has obtained the consent of the tenant (85.4%) by resolution to the specialized commissioning management company.

- It is understood that as of August 31, 2015, notice of the termination of the employment contract should be given.

- The succession of the staff to (reemployment) shall be subject to the prior consultation with the selected commissioning entity.

C. The apartment management office of the instant case had worked as security guards D and U.S. E in addition to the Plaintiff.

On July 20, 2015, the defendant notified the third party, including the plaintiff, of the termination of the labor contract with the following contents:

On July 24, 2015, the Defendant: (a) held a special meeting to decide to change the method of management from the autonomous management to the entrusted management; (b) announced the result of the resolution to the occupants of the instant apartment; and (c) selected Epis Co., Ltd. (hereinafter “Epis”) as the entrusted management company.

E. On July 27, 2015, the Defendant held a re-special meeting and resolved to dismiss the Plaintiff as of July 31, 2015, who expressed his/her intention to reject the notification of the termination of the said employment contract.

(F) On August 31, 2015, the Plaintiff was paid KRW 2,116,600 as salary for one month under the name of dismissal allowances by the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence No. 16 to 21, the purport of the whole pleadings

2. The plaintiff's assertion

A. Article 23(1) of the Labor Standards Act is justified.

참조조문

-근로기준법 제23조 제1항

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