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(영문) 울산지방법원 2019.06.13 2018가합20336
임금
Text

1. The Defendant’s KRW 66,527,657 as well as the Plaintiff’s annual rate from February 8, 2017 to June 13, 2019.

Reasons

1. Basic facts

A. On July 26, 2006, the Promotion Committee for the Establishment of a Housing Redevelopment and Improvement Project Association (hereinafter “instant Promotion Committee”) was established with the approval of the establishment of the Defendant on December 8, 2015, as an organization organized for the purpose of establishing a housing redevelopment and improvement project association with the size of 87,480 square meters as the project area in Ulsan-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C Ilwon-gu, as the project area.

The Plaintiff was the chairperson of the instant promotion committee from July 26, 2006, and was the head of the Defendant’s partnership from December 8, 2015, when the Defendant resigned from his/her position, until February 7, 2017.

B. Article 19 of the Operational Rules of the Promotion Committee of this case provides that “The Promotion Committee shall separately stipulate the separate remuneration regulations for full-time members and paid employees, and in this case, the remuneration regulations shall be subject to the approval of the residents’ general meeting.” On August 23, 2006, the Promotion Committee of this case decided to hold a residents’ general meeting on August 23, 2006, to pay KRW 2 million per month as wages to the Chairperson, and to pay KRW 1 million per month as business promotion expenses to the Chairperson.

In addition, on May 9, 2007, at the residents' general meeting, a resolution was made to pay KRW 2.1 million per month to the chairperson's salary and KRW 1 million per month.

C. On October 17, 2015, the instant promotion committee held a residents’ general meeting and an inaugural general meeting, and decided at the general meeting the Defendant’s articles of association and business regulations, and the provisions on the payment of wages and retirement allowances among them are as follows.

◆ 조합정관 제19조 (임직원의 보수 등) ① 조합은 상근임원 외의 임원에 대하여는 보수를 지급하지 아니한다.

Provided, That expenses incurred by an officer in the performance of his/her duties may be paid.

(2) The Cooperative shall pay remunerations to full-time executives and paid employees in accordance with the Cooperative Operational Rules.

In such cases, the remuneration regulations shall be approved in advance by the general meeting.

◆ 조합업무규정 제29조 (상근임원) ① 조합의 상근임원의...

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