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(영문) 대전고등법원 2016.01.28 2014나14670
임금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Determination as to the claim for remuneration

A. 1) The fact that there is a ground for the payment of remuneration. ① The Defendant is a cooperative established pursuant to the Urban Development Act for the purpose of creating tourist infrastructure in the business district of the Cheongyang-gun D members of the Cheongyang-gun, Chungcheongnam-do, and the Plaintiff has worked as a full-time director of the Defendant Union from June 1, 2006 to October 12, 2012. ② The board of directors of the Defendant Union resolved to prepare the instant notarial deed on October 23, 201, and accordingly, the Defendant Union decided to prepare the notarial deed on December 1, 2011. Accordingly, the Plaintiff on December 1, 201, as the notarial deed No. 11368, Dec. 1, 2011, the Defendant Union should pay the Plaintiff the overdue wage of KRW 11,404,000 as of December 28, 201 (hereinafter “the notarial deed”).

(3) On July 5, 2012, the Defendant Union prepared and ordered the amount of 13,600,000 won (amounting to 13,60,000 won (amounting to 29,200,000)’s wage for the Plaintiff from the General Assembly of the Cooperatives until February 29, 2012, and the amounting to 97,870,000 won (Evidence A). However, there is a somewhat different difference from the amount stated in the instant notarial deed as the wage ledger (Evidence A). A decision was made upon the resolution of the agenda for the settlement of accounts, along with the detailed statement of the fund balance stated therein. Article 19 (Remuneration, etc., of Officers) of the Union shall pay remuneration to full-time and paid employees in accordance with the separate “Remuneration Regulations” prescribed by the Union. In this case, the remuneration regulations shall be subject to the resolution

4. The budget of revenues and expenditures of a cooperative; 11. In addition to the matters prescribed in the budget, contracts or fines for negligence that will be borne by members: Provided, That notwithstanding the provisions of the subparagraphs of Article 21 above, the board of directors shall resolve on the matters set forth in the subparagraphs of Article 21 to implement efficiently the objectives of a cooperative without delay.

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