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(영문) 대전고등법원 2018.10.11 2018누11362
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal include the part arising from the participation of the defendant intervenor in the lawsuit.

Reasons

1. Details of the decision on retrial;

A. According to the Articles of the Intervenor’s articles of incorporation, a voting right has not been granted to less than one unit of investment (Article 14(1)2), and on February 26, 2015, the amendment of the Articles of Incorporation (Article 20(1)), which raises the amount of one unit of investment from KRW 10,000 to KRW 30,000,000, was made.

Since then, on September 14, 2015, the Intervenor decided to conduct a special election for the chief executive director on November 14, 2015 at the board of directors' meeting.

Article 14 (Voting Rights and Voting Rights) (1) Members shall have equal voting rights and suffrage regardless of the number of contribution units.

However, persons falling under any of the following subparagraphs shall not have voting rights or suffrages without being counted in the gender of the general meeting:

2. A union member who has less than one share of investment shall have at least one share of investment and the amount per share of investment shall be 30,000 won;

B. Following the amendment of the above articles of incorporation, the amount of investment per unit, which serves as the basis for granting voting rights, has been adjusted to KRW 10,000 from KRW 10,00 to KRW 30,00,000, resulting in the loss of voting rights due to the absence of additional investment after only KRW 10,00

On October 13, 2015, the Plaintiff, who was the chief executive officer of the Intervenor’s branch office, had worked at the effective branch office from October 13, 2015 to December 22, 2015, ordered five members, such as C, who lost their voting rights, to deposit 30,000 won in the above members’ account without the above members’ consent.

Accordingly, five members, such as C, etc. deposited insufficient amounts to KRW 30,000 in the account of the above members.

C. On November 3, 2015, the Intervenor confirmed that he/she conducted a self-audit and ordered five members, including C, to deposit their investments in the accounts as above, and requested the Korea Federation of D Union to conduct an audit related to the election of the standing director in 2015.

Accordingly, it.

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