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(영문) 대전지방법원 2019.04.18 2017구합1751
부당해고구제재심판정취소
Text

1. The Central Labor Relations Commission’s dismissal on November 3, 2017 between the Plaintiff and the Defendant’s Intervenor (hereinafter “Central Labor Relations Commission”).

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is an unincorporated association established for the purpose of the convenience and appearance of the residents entering the instant apartment complex and the management of joint property.

On January 19, 2017, the intervenor held a council of occupants' representatives (the committee for personnel committee on the name of a member or the council of occupants' representatives) and decided to appoint the plaintiff as the head of the management office of the apartment of this case with the consent of all the nine members present.

Accordingly, on January 20, 2017, the Plaintiff concluded an employment contract with the Intervenor and the head of the management office of the instant apartment (hereinafter “instant employment contract”) and performed the duties of the head of the management office from that time.

B. On March 18, 2017, the Intervenor held a personnel committee among the council of occupants’ representatives on a regular basis.

At the time, the personnel committee passed a resolution on the contract suspension agenda with the head of the management office that "at least three months work for the plaintiff and the termination of the employment contract on April 19, 2017," including C, Audit D, E, Director F, and G Dong H, who are not members of the personnel committee, shall attend a total of five persons, such as C, Audit D, and Director F, and G Dong H.

(hereinafter “Resolution on Revocation of Employment as of March 18, 2017”). The details of the said resolution were notified to the Plaintiff on March 20, 2017. (c) The Intervenor should make a decision by the personnel committee even in the case of cancellation of employment of the head of the management office under the management rules and rules of employment by a certified public labor attorney. The personnel committee held on March 18, 2017 held on March 18, 2017 may be present by a non-member of the personnel committee

“On March 31, 2017, upon receiving advice, the Plaintiff sent to the Plaintiff a notice stating that “The details notified on March 20, 2017 shall be collected from some of the representatives and employees to make a decision to review in detail in the relevant representative personnel committee.”

An intervenor on April 1, 2017

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