logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2021.01.29 2020가합105129
해고무효확인
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

. The defendant may have one chairperson as its executive officers, the president shall be appointed at the general meeting upon the recommendation of the candidate recommendation committee and shall be full-time, and the term of office of the president shall be three years.

The president represents the defendant and shall be the president of the general meeting and the board of directors (Article 27 subparag. 1, Article 28 subparag. 1, Article 29 subparag. 1, Article 29 subparag. 1, and Article 30 subparag. 1).

On February 5, 2018, the Plaintiff entered into an employment contract with the Defendant from February 5, 2018 to February 3, 2021 (hereinafter “instant employment contract”) and worked as a letter of appointment of the Defendant’s Chairperson F.

The main contents of the instant labor contract are as follows.

A: Defendant : Plaintiff

1. Term of employment: The term of office of the chairperson (F) of Gap from February 5, 2018 to February 3, 2021 shall be from February 4, 2018 to February 3, 2021, or February 4, 2018;

Provided, That where a person retires during his/her term of office, the date of his/her retirement shall be the expiration date of the period of his/her employment.

* It is confirmed that this contract constitutes a case where the period required for the completion of a project or the completion of a specific task pursuant to Article 4(1)1 of the Fixed-Term and Part-Time Workers Protection Act is determined: The plaintiff

2. Affiliation: The fact of planning by the defendant;

3. Business affairs: Business affairs related to Gap's exclusive secretary-general and non-high-quality information handling and reporting of Gap's general secretary-general, business affairs related to Gap's management, preparation for internal and external events, and other business affairs;

4. Terms of employment;

(a) Classification of employees: General contract employees under Article 5 (3) of the Organizational Regulations;

(c) Wages and welfare (1) 4,515,591 won per three preceding months;

D. On February 13, 2019, the Plaintiff entered into a monthly wage contract with the Defendant to increase the wages to KRW 4,825,848 per month prior to the tax imposition.

E. The Defendant’s president F died during his/her term of office on November 6, 2019.

The defendant, after the death of the FF president, has performed the duties of the president by proxy in accordance with the articles of incorporation, and shall hold a general meeting on December 20, 201 and shall be a new president.

arrow