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(영문) 광주지방법원 2018.05.16 2017가단529422
임금
Text

1. The defendant shall pay to the plaintiff KRW 59,912,160 as well as 5% per annum from February 23, 2018 to March 2, 2018, and the next day.

Reasons

1. Basic facts

A. The purpose of the Defendant is to promote the promotion of the welfare of members and mutual friendship by facilitating the improvement of facilities and services for promoting tourism in Gwangju Metropolitan City and promoting public relations activities and providing guidance to the industry, thereby promoting mutual friendship among the members.

B. On August 1, 2007, the Plaintiff was employed by the Defendant and served as tourism guides, such as C tourist information centers.

C. On April 20, 2015, the Defendant held a standing committee with respect to the Plaintiff. On April 22, 2015, the Plaintiff notified the Plaintiff that the Plaintiff dismissed the Plaintiff as of May 22, 2015, on the ground of “the grounds of disciplinary action that caused civil petitions by showing a kind of tourism guidance and attitude toward foreign tourists who found the tourist information center, relation to D illegal recording (Do office) disciplinary action among the education on Chinese fishing rights, and the violation of the obligation of the tourist information center staff (violation of Article 74(1), (12), (13), and (15).”

On August 24, 2015, the Plaintiff filed a lawsuit seeking nullification of dismissal with the Gwangju District Court 2015Ga3534, on the ground that “(1) the dismissal of the Defendant, while the Defendant dismissed the Defendant’s representative director and the upper punishment committee participating in Gwangju City, decided disciplinary action against the Plaintiff, but the dismissal of the Plaintiff was decided by the upper punishment committee excluding them, and thus, the dismissal of the Plaintiff is unlawful due to procedural defects, and (2) the dismissal of the Plaintiff was unlawful.”

E. On November 25, 2016, the court of the lawsuit rendered a judgment that “it is difficult to recognize that the Plaintiff has a serious reason to the extent that the employment relationship cannot be continued by social norms, and the dismissal of this case is null and void as an illegal disposition beyond the scope of discretionary power as it considerably loses validity by social norms.” The above judgment became final and conclusive by the Defendant’s failure to file an appeal.

F. From May 22, 2015, the Defendant did not pay the Plaintiff wages to the day.

The plaintiff is dismissed.

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