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(영문) 대전지방법원 2013.10.16 2012가합34348
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The relevant plaintiff between the parties is a school foundation that establishes and operates a C college, D High School, E High School, etc., and the defendant is a person who has taken office as the president of C college on March 1, 2009 and has worked for about two years.

On August 22, 2011, the Plaintiff, in the process of the decision of compulsory conciliation among the original Defendant, removed the Defendant from his position. On August 31, 201, the Plaintiff issued a dismissal disposition against the Defendant (hereinafter collectively referred to as “instant dismissal disposition and dismissal disposition”) and notified the Defendant, respectively.

On August 26, 2011, the Defendant filed an application with the Plaintiff for a provisional disposition seeking the suspension of the removal from position and dismissal of the Plaintiff. On September 2, 2011, the Defendant filed a lawsuit seeking the revocation of the removal from position and dismissal of the Plaintiff ( Daejeon District Court 201Gahap9819, hereinafter “relevant principal case”), and filed a request with the Teachers’ Appeal Committee for the revocation of the instant dismissal on September 8, 2011.

On November 8, 2011, the Daejeon District Court rendered a decision to dismiss the application for provisional disposition (the removal from position in this case) or to dismiss (the removal from position in this case) the application (the removal from position in this case). On March 12, 2012, the teachers’ appeals review committee rendered a decision to revoke the instant dismissal on the ground that the procedure for the instant dismissal was defective. In the relevant case, on April 3, 2012, the said court rendered a decision to dismiss the instant dismissal on the ground that the procedure for the instant dismissal was defective. In the relevant case, the said court rendered a compulsory adjustment decision (hereinafter referred to as the “instant compulsory adjustment

B. Since then, the decision of compulsory mediation of this case became final and conclusive as it is because the original defendant did not raise any objection.

1. The Plaintiff confirmed that the Defendant retired from the position of president at the expiration of the term of office, not a dismissal.

2. The Plaintiff shall pay 148,00,000 won to the Defendant with unpaid benefits and consolation money for that period until May 3, 2012. If the Plaintiff did not pay the said amount until the said date.

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