logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.17 2017가합580410
해고무효확인
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Defendants are companies established for the purpose of engaging in the wholesale and retail business of cosmetic materials. The Defendants are multiple grandchildren and exclusive dedicated-management stores. 2) The Plaintiff is a person who works in a representative position in the Defendants company from January 1, 2017 to July 31, 2017.

B. On January 1, 2017, the Plaintiff and the Defendants entered into a CEO management contract (hereinafter “instant contract”) with the Defendants on the following terms and conditions: (a) the Plaintiff entered into the instant contract; and (b) the instant contract with the Defendants.

Article 3 (Contract Period) (1) The contract term of this contract shall be from January 1, 2017 when the representative's term of office begins to December 31, 202 when the term of office expires.

except that this contract shall be automatically renewed every year in the absence of any reason for termination of the contract under Article 14 or in the absence of any difference between the parties.

2. This contract may be terminated by mutual agreement even during the period of the contract mentioned in the preceding paragraph.

Article 4 (Representative's Authority and Responsibility) (1) The representative as the highest manager of C shall supervise and manage all the management activities on behalf of C.

(2) The power of the representative in relation to the performance of his duties shall be guaranteed as prescribed by the C's articles of association and this Agreement.

(3) Other authority and responsibility of the representative not provided for in paragraphs (1) through (2) shall be determined by a resolution of the board of directors.

Article 10 (Annual Salaries) (1) The representative's annual salary shall be KRW 120 million per year, and shall be paid on the payment date of the company's salary in monthly installments.

Article 11 (Retirement Allowances) The representative shall not pay retirement allowances under the C Council's regulations to free trust management contract workers.

Article 12 (Medical Welfare, etc.) C may provide the representative with convenience, such as expenses incurred in relation to vehicles and business necessary for the representative's performance of his/her duties, and the relevant provisions of C shall apply mutatis mutandis to medical care, health management, and other non-money welfare benefits not provided for in this contract.

Article 14 (Termination of Contracts)

arrow