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(영문) 서울고등법원 2015.12.09 2014나2035387
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

1..

Reasons

1. Article 31 of the Personnel Service Regulations enacted as of March 24, 2014, which was enacted as of August 7, 2012 after the Defendant’s dismissal from his position on August 7, 2012, the Plaintiff confirmed that Article 31 of the said Rules is null and void, and the Defendant claimed payment of KRW 89,939,320 as well as damages for delay against the Plaintiff. However, the part to confirm that Article 31 of the said Regulations was null and void among the instant lawsuits was dismissed, and the remainder of each claim was dismissed, and the remainder was dismissed.

Therefore, the remaining claims except the dismissed part among the claims in this case fall under the scope of the judgment of this court.

2. Basic facts

A. The Defendant is a legal entity established around June 1989 for the purpose of promoting the development of C Transport Business and the joint interest of C Transport Business Operators (hereinafter “Defendant Federation”) and, under its control, has the Korea Credit Union (hereinafter “Defendant Credit Union”) which deals with the affairs of traffic accident deduction of C Transport Business Operators (hereinafter “Defendant Credit Union”).

Meanwhile, the Defendant’s mutual aid association is a trade union under the Trade Union and Labor Relations Adjustment Act established with its employees as its members (hereinafter “instant trade union”).

On April 29, 2009, F, a member of the Defendant’s Financial Cooperative, was in contact with G on April 29, 2009 (in the process, the passenger was injured by the H that the F was driven by the Defendant). At the time, the person in charge of the Defendant’s Seoul Branch’s Seoul Branch’s Compensation Center (hereinafter “North Korea Compensation Center”) received the said traffic accident only as the “water accident” and processed the compensation business (the driver’s negligence is deemed as 100% and exempted the G driver’s negligence).

After November 201, I Mutual Aid Association (hereinafter referred to as the "Dispute Review Committee") in relation to the above traffic accidents.

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