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(영문) 청주지방법원 2013.10.02 2012가합6483
부당해임무효
Text

1. The Defendant’s dismissal against the Plaintiff on September 4, 2012 confirms that it is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. Defendant Cooperative is a member of the National Forestry Cooperatives Federation affiliated with 144 member cooperatives established and operated as separate corporations across the country, and the Plaintiff was employed by the National Forestry Cooperatives Federation on February 1, 1984 and has been working as regular business from April 7, 2009.

B. On April 7, 2009, the Plaintiff transferred the name of the Defendant Union to the Defendant Union, and then prepared and submitted a labor contract containing the following contents to the Defendant Union (hereinafter “instant labor contract”).

Article 4 (Change of Place of Business) Matters concerning the conversion, movement, transfer, and transfer of the Plaintiff’s assignment between a cooperative and a cooperative, between a cooperative and its subsidiaries, between a cooperative and the National Federation, etc. shall be determined by the issuance of the principal of the defendant cooperative. In this case, the principal of the defendant cooperative shall take into account the position, duties, aptitude,

C. On August 24, 2012, the Defendant Union transferred the Plaintiff to C Forestry Cooperatives, a neighboring regional forestry cooperative (hereinafter “instant transfer”). The Plaintiff filed an objection on August 31, 2012 on the ground that the instant transfer was made without one’s consent, and the Defendant Union convened the board of directors on September 4, 2012 and dismissed the Plaintiff (hereinafter “ex officio dismissal”).

C On September 4, 2012, the forestry cooperative appointed the plaintiff as the leader of the union and requested that the plaintiff work as a normal director immediately, but dismissed the plaintiff on September 24, 2012 as the plaintiff did not comply.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, 12, Eul evidence Nos. 1, 6, 10, 12 and 13 (including paper numbers, hereinafter the same), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff did not give prior consent to the instant transfer, and there was no practice of personnel exchanges among the forestry cooperatives, including the Defendant Cooperatives, without the employee’s explicit consent. Thus, the instant transfer is null and void. 2) The instant transfer is null and void ex officio dismissal.

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