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(영문) 창원지방법원통영지원 2017.08.24 2016가합529
해고무효확인
Text

1. The Defendant’s dismissal from position and standby order against the Plaintiff on August 27, 2015, and dismissal on February 22, 2016, respectively, is null and void.

Reasons

1. Basic facts

A. The status of the parties concerned is a district fisheries cooperative established with the aim of enhancing the productivity of fisheries by making the members of the association a region of the B Si, enhancing the expansion of markets for fishery products produced by its members and facilitating their distribution, and enhancing the economic, social, and cultural status of its members by providing funds, materials, technology, information, etc. required by its members. After entering the Defendant Cooperative on February 25, 1994, the Plaintiff took overall charge of the sales and use business and the business affairs of the Defendant Cooperative while working for the director of the division from October 1, 2010 to May 14, 2015.

B. On April 7, 2015, the Defendant Union took charge of an audit of the acquisition of the head of a new partnership (hereinafter referred to as “the instant suspension disposition”) and conducted an audit of the acquisition of the head of a partnership on April 7, 2015. On May 15, 2015, the Defendant Union, including the Plaintiff, removed the Plaintiff from position as proxy D and E in economic affairs from position, and issued a general task and standby order. 2) On May 27, 2015, the Defendant Union held a personnel committee on May 27, 2015 and conducted a disciplinary action for three months of suspension from office (hereinafter “instant suspension disposition”).

C. After conducting a regular audit from July 6, 2015 to July 23, 2015, the National Federation of Fisheries Cooperatives requesting disposition of audit results by the National Federation of Fisheries Cooperatives (hereinafter “Central Federation”) requested necessary measures by preparing a written request for disposition of audit results pursuant to Article 40(1) of the Members’ Audit Regulations and notifying the head of the Defendant Union and the auditor. The main contents of the Plaintiff are as follows.

The details of the cadastral number No. 1 shall be subject to disciplinary compensation (1,00 won).

1. Embezzlements for sales proceeds of self-listed;

2. The amount of false sales accounts;

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