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(영문) 서울중앙지방법원 2017.10.31 2017가단39472
임금 등
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

(a) On February 24, 2014, the committee for promoting the establishment of an association established by the defendant's association was approved by the head of Gangnam-gu, and the defendant's association was approved by the head of Gangnam-gu on May 31, 2014 through the inaugural general meeting;

9. It was established on 29.

B. The Plaintiff was the chairperson from the time of the establishment of the above establishment promotion committee until September 28, 2014, and was the head of the association from September 29, 2014, which was the date of the establishment of the Defendant Union.

C. The Defendant Cooperative dismissed the Plaintiff from its president on September 22, 2015, following a general meeting of its members.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 10 Eul evidence 1 and 2 (including additional numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination:

A. The Plaintiff sought payment of KRW 2,371,060, which was not paid for October 2015 and KRW 2,059,480, which was paid for 19 days, on the premise that the Plaintiff himself/herself was the president of the Defendant Union until November 19, 2015, on the premise that he/she was in office as the president of the Defendant Union. However, there is no evidence to prove that the Plaintiff had lawfully performed his/her duties even after September 22, 2015, the Plaintiff cannot accept it without further need to be determined.

B. Article 21(1) of the Administrative Business Regulations of the Defendant Union provides that “Where a full-time employee has served for at least one year, a retirement allowance shall be paid” (Article 21(1) of the Administrative Business Regulations of the Defendant Union, the Plaintiff is seeking payment of the retirement allowance from April 7, 2006 to the president of the association establishment promotion committee, and from September 29, 2014 to November 19, 2015 to the president of the association.

The head of an association (Articles 21, 22, and 27 of the Act) who shall represent a defendant association and exercise overall control over its affairs as its officers under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and take charge of the affairs to be the chairperson of a general meeting or a representative meeting.

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