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(영문) 서울행정법원 2016.11.18 2016구합62153
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a management office that consists of the sectional owners of the “E” commercial buildings (hereinafter referred to as the “instant commercial buildings”) which are composed of the two underground floors and the fourth floor above the ground and the second floor above the ground as an aggregate building located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul (hereinafter referred to as the “ Intervenor”) [as seen below, it is the Act on the Ownership

A) A non-corporate body is a non-corporate body having the nature of the management body; hereinafter referred to as the “management body of this case”) is practically operating a “C convalescent Hospital” (hereinafter referred to as the “instant hospital”) using part of the second floor, the third floor, the fourth floor, and the rooftop among the instant commercial buildings.

In the commercial building of this case, six sectional owners are added in addition to the intervenor.

B. On August 4, 2014, the Intervenor posted a job offer advertisement with the following content on the “Liet Market” in the information center for employment of human resources, and the phone number indicated therein was that of the instant hospital clinic.

관리소장 “모집” 설비관련경력자 우대 급여상담 E ☎ F

C. On August 8, 2014, the Plaintiff sent an interview to the Intervenor, who was in the position of the Intervenor and the head of the planning office of the instant hospital, and the Intervenor hired the Plaintiff on the same day.

The plaintiff explained that the plaintiff should perform the duties of the Director of the Management Office of the Commercial Building in this case from the intervenor of this day.

The instant management body was given the name of the organization on August 28, 2014 as “E” and the representative was given a unique certificate with the name of the organization as “E”.

The management office under Article 1 of the Regulations of the Management Office refers to the E-commercial management office.

The purpose of Article 2 is to promote the common interest of building owners and occupants and to promote the smooth operation of community life by prescribing matters necessary for the management and operation of the commercial buildings and their sites and accessories in Gyeyang-gu in Gyeonggi-do pursuant to the Multi-Family Building Act.

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