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(영문) 광주고등법원(전주) 2016.06.02 2015나101844
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, and the reasoning for the court’s explanation is as stated in the reasoning of the judgment of the first instance except for adding a new judgment to the plaintiff’s new argument at the court of the first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 4

2. On November 5, 2013, the Plaintiff asserts that, according to Article 9 of the Inspection Act, K designated the J as a direct inspection by Defendant Religious Division, and that, at the meeting of the general secretary general on November 5, 2013, at the meeting of the general secretary general, a resolution was made to inform the president as ex officio member of the J. In relation to Article 9 of the Inspection Act, there was no entry in the newly established provision of the Defendant Religious Division’s final law house amended as of July 21, 201 in relation to Article 9 of the Inspection Act, and the Inspection Act issued as of July 21, 2010 does not include the same contents as the current law. Thus, Article 9 of the Inspection Act does not exist.

According to the records in the evidence No. 1, Eul evidence No. 1, Eul evidence No. 10-1, and Eul evidence No. 10-2, the Inspection Act amended on June 15, 2004 among the final constitutional law houses of defendant Religious Order provides for the contents concerning inspections and directly-run temples under Articles 7 and 8, and Article 8 (Designation of Direct Inspection) (1) of the above Article 8 (Designation of Direct Inspection) (1) If the chief executive officer deems it necessary for the operation of the final inspection, he/she may designate and operate a temple directly managed by the chief executive officer from among the final inspection and traditional temples or public temples after a resolution by the final inspection committee.

(2) Direct inspection means the direct operation of inspection at the general secretary by appointing a chief executive officer from among the directors of the general secretary or the executive officers of the general secretary. Article 9 of the Inspection Act, which was amended on July 21, 201 and currently applied, appears to be almost the same as that of Article 9 of the Inspection Act, and it cannot be deemed that Article 9 of the current Inspection Act does not exist on the ground that there is no amendment on the direct inspection at the time of the amendment on July 21, 201, since there is no content of the direct inspection at the meeting minutes of the central senior secretary’s meeting.

3. If so, the plaintiff's lawsuit of this case is filed.

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