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(영문) 대전고등법원 2018.08.30 2018나11198
해고무효확인
Text

1. Of the judgment of the court of first instance, the part concerning the claim for confirmation of possession of status is revoked, and the plaintiff's lawsuit constituting the revoked part.

Reasons

In the first instance court, the plaintiff requested that the plaintiff confirm that the resolution of removal from position or dismissal is null and void at the head of the defendant's organization dispute department at the representative conference on May 8, 2017 and June 21, 2017, and that the plaintiff has the status of the head of the defendant's organization dispute division, and the first instance court accepted all the plaintiff's claims.

In response, the defendant appealed only to the part of the claim for confirmation of the status, which is subject to the judgment of this court, is limited to the part of the claim for confirmation of status.

Basic Facts

The reasoning of this Court concerning this part is as follows, and this part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance.

2. For the reasons that 2.12 is "for the reasons that ........."

The following details are added between the 1 and 2 of the 4th page table of the Defendant’s 4th page, on the ground that Defendant I employed the Plaintiff’s Chok in the process of Defendant I’s public bonds, and selected the successful applicants in the process of the G liaison Office’s public bonds, which are not sexually net, and thereby violated the Defendant’s employment regulations.

3.The Vice-Chairperson, the Executive Officers and the Executive Officers shall be nominated by the Chairperson and shall obtain the authorization of the Representatives.

Article 36 (Term of Office of Chairperson) The term of office of the chairperson shall be three years.

The term of office of an executive shall be three years, and the same as the fiscal year, and the re-election shall not be prohibited.

Provided, That the officer appointed shall be the remainder of the predecessor's term.

Article 52 (Fiscal Year) The fiscal year of a cooperative shall be from May 1 to April 30 of the following year.

The chief of the organization dispute, which is the position of the plaintiff in the main part of the judgment on the main part of the main part of the safety defense, is an executive officer, and the term of office of executive officer is three years. Thus, the term of office of the plaintiff was expired as of April 30, 2018, and the chairperson of the defendant is lawful.

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