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(영문) 대법원 2014.07.10 2012다100760
징계해직무효확인
Text

The judgment below

The part against the plaintiff A is reversed, and that part of the case is remanded to the Seoul High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding ground of appeal No. 1

A. The lower court determined that the part of the proviso to Article 76(2)1 of the Personnel Management Regulations of the Defendant Union, which provides that the dismissal of an executive officer among executive officers is subject to a resolution by the board of directors on the appointment and dismissal of an executive officer under Articles 43(3)6, 56(2), and 107 of the former Agricultural Cooperatives Act (amended by Act No. 10522, Mar. 31, 201; hereinafter the “Act”) and Articles 49(1)6 and 60(3) of the Articles of incorporation of the Defendant Union, is null and void without taking into account the importance of the duties performed by the executive officer of a local livestock cooperative (hereinafter “local livestock cooperative”) in the appointment and dismissal of an executive officer, which is aimed at preventing the transition of the head of the association who is authorized to appoint and dismiss the executive officer and ensuring the appropriateness of the appointment and dismissal of the executive officer officer. In so doing, the lower court did not go through a resolution by the board of directors, and thus, invalidated the relevant disciplinary action against the Plaintiffs.

B. However, the lower court’s determination is difficult to accept for the following reasons.

1. Article 56 of the Act, which shall apply mutatis mutandis to regional livestock cooperatives pursuant to Article 107 of the Act, shall be appointed or dismissed by the president of a cooperative under the title of "election and dismissal of employees" (hereinafter referred to as "regional agricultural cooperatives"), as prescribed by the articles of association.

Paragraph 1. The regional agricultural cooperatives shall be executive officers, as prescribed by the articles of incorporation.

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