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(영문) 창원지방법원 통영지원 2021.01.28 2020가합2065
해고무효확인
Text

Of the instant lawsuit, the part concerning the claim for confirmation of nullity of dismissal shall be dismissed.

All of the plaintiff's remaining claims are dismissed.

Reasons

Basic Facts

On November 25, 2014, the E Sports Center operating entity entered into an agreement with D (hereinafter referred to as the “Council”) which grants the right to manage and operate the E Sports Center located in the F in Tong-si (hereinafter referred to as the “Center”). Accordingly, the Council operates the instant Center.

On February 26, 2019, the Civil Procedure Council held a general meeting of shareholders and passed a resolution to the effect that “the Plaintiff’s term of office for the president of the Council shall be two years from February 26, 2019” (hereinafter “resolution of this case”).

Defendant C, a member of the Council, filed a lawsuit seeking confirmation of invalidity of the instant resolution (hereinafter “related invalidity case”), against the Plaintiff, a representative of the registered injury at the time of the Council, filed an application for suspension of the performance of duties and provisional disposition for appointment of a person engaging in occupational duties (hereinafter “provisional disposition for suspension of the performance of duties in Changwon District Court 2019k, 1008k, hereinafter “instant provisional disposition for suspension of the performance of duties”).

On December 2, 2019, the first instance court rendered a provisional disposition suspending the Plaintiff’s performance of duties as the president of the Council until the judgment on the invalidation of the relevant resolution becomes final and conclusive. On January 20, 2020, the first instance court rendered a provisional disposition suspending the Plaintiff’s performance of duties as the president of the Council.

On April 23, 2020, the first instance court rendered a judgment on April 23, 2020 that the instant resolution was null and void, and the said judgment became final and conclusive around that time.

On February 1, 2020, the Plaintiff entered into a labor contract with the Plaintiff to work as an employee of the boiler room of the instant center from December 1, 2019 to November 30, 2020 (hereinafter “the instant labor contract”) between the Plaintiff and the Plaintiff’s attorney G, who was an attorney-at-law in charge of the Council’s duties, on February 1, 2020.

Before entering into the instant labor contract, the Plaintiff was on July 1, 2018, January 1, 2019, and November 29, 2019.

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