logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.10.30 2019나66521
임금 등
Text

The plaintiff's appeal and the plaintiff's claim added by this court are dismissed.

2. The costs of the lawsuit after filing the appeal.

Reasons

1. The first instance court dismissed the claim for wages, retirement allowances, and oil substitute subsidies, and accepted the claim for food substitute subsidies, and only the Plaintiff appealed, the scope of the trial of this court is limited to the claim for wages, retirement allowances, and oil substitute subsidies.

2. Basic facts

A. The Defendant Union is a regional housing association established to newly build a collective housing pursuant to the Housing Act on the ground of the window C of Changwon-si, Changwon-si.

B. On August 20, 2015, the Defendant Cooperative held an inaugural general meeting to approve its bylaws, and elected the Plaintiff as the president of the Cooperative.

C. On August 25, 2018, the Defendant Union held an extraordinary general meeting and elected D as the president of the association.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 3, 5, and 8, the purport of the whole pleadings

3. The assertion and judgment

A. The Defendant Union’s summary of the Plaintiff’s assertion is serving as the president of the partnership for the following reasons:

The retired plaintiff is obligated to pay wages, retirement allowances, or oil substitute subsidies to the retired plaintiff.

Nevertheless, the Defendant Union is obligated to pay the wages and retirement allowances for the month and July of 2018, as well as the oil payment for the period from May to July of 2018.

① Under the rules of an association approved at its inaugural general meeting, the Defendant Union may pay remuneration to the president of the association in accordance with the remuneration regulations separately stipulated. Accordingly, on February 29, 2016, the board of directors of the Defendant Union approved the “employee’s benefits table” which includes remuneration to the president of the association. The above “employee’s benefits table” actually corresponds to the remuneration regulations for the president of the Defendant Union.

Therefore, the Defendant Union should pay the benefits, etc. to the Plaintiff in accordance with the “Personnel Benefit List.”

② The Plaintiff and the Defendant Union, the president of the Defendant Union, are subject to delegation under the Civil Act, and the Defendant Union shall pay the remuneration prescribed in the “Personnel Benefit Table” at the meeting of the board of directors on February 29, 2016.

arrow