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(영문) 창원지방법원마산지원 2016.02.05 2015가합298
면직처분무효확인등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a legal entity that operates C University.

The Plaintiff was employed as Grade 9 in general service at C University on September 25, 1995. On February 25, 2012, the Plaintiff was promoted to Grade 5 in general service and served as the head of the division at C University School Education Support Office.

B. On December 31, 2013, the Plaintiff submitted to the Defendant a written resignation stating the date of resignation as of January 2, 2014, and around that time, the Plaintiff again submitted a written resignation stating the date of resignation as of February 20, 2014 and February 20, 2015 (hereinafter “instant resignation”).

C. On February 25, 2015, the Defendant accepted the written resignation of the instant case, and dismissed the Plaintiff from office as a member of the National Assembly.

(hereinafter “Dismissal from Office for Assembly Members of this case”). / [Reasons for Recognition] A, Evidence Nos. 1 and 2, Evidence No. 4-4, Evidence No. 1, Evidence No. 4-2, Evidence No. 4-2, and Evidence No. 5, Witness D, E’s testimony, and the purport of the whole pleadings.

2. The Plaintiff asserted that the Plaintiff acted as the site director of the Cuniversity trade union, and the Plaintiff demanded the Plaintiff to submit a resignation letter to the effect that D, on behalf of the Defendant, he/she would not engage in the activities of the union, while seeking the Plaintiff to withdraw from the trade union on behalf of the Defendant.

As such, the Plaintiff submitted a written resignation under the condition that the Plaintiff did not handle the resignation, and the Defendant was aware of these circumstances, so the Plaintiff’s submission of the written resignation constitutes a false conspiracy or a false declaration of intention.

Therefore, the dismissal from office based on the above written resignation is de facto and null and void, and thus, the confirmation is sought, and the defendant is obligated to pay 6,132,055 won as of the end of each month until the time of the filing of the instant suit based on KRW 6,132,05, as part of the wages, which could have been paid to the Plaintiff in absence of the dismissal from office for the pertinent member. The defendant is obligated to pay 6,132,055 won as of the end of each month until the Plaintiff is reinstated.

3. Determination

A. Relevant legal principles.

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