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(영문) 대전지방법원 2020.08.12 2019가합368
해고무효확인
Text

It is confirmed that the dismissal of the Defendant against the Plaintiff on November 1, 2018 is null and void.

The defendant shall pay to the plaintiff KRW 25,200,000.

Reasons

1. Facts of recognition;

A. On October 30, 2012, the Plaintiff entered into a labor contract with the Defendant with the content that the Plaintiff will work from October 30 to October 29, 2013 as the accounting of the B Apartment Management Office (B Management Office; hereinafter “instant Management Office”) managed by the Defendant.

B. The plaintiff and the defendant shall be given the above A every year.

In other words, a new employment contract was concluded on October 3, 2017 with the same content as that of the same paragraph, and a new employment contract was concluded between October 30, 2017 and October 29, 2018 (hereinafter referred to as “instant employment contract”) with the period from October 30 to October 29, 2018.

According to the 10th regular meeting of the council of occupants' representatives in 2018, pursuant to Article 30(2) of the management rules, the results of the 10th meeting of the council of occupants' representatives in 2018 shall be notified as follows:

3. Re-employment of management office employees: He shall not re-employment.

C. On October 19, 2018, the Defendant decided not to re-employed the Plaintiff at the council of occupants' representatives held on October 19, 2018, and on the same day, publicly announced the following contents in the name of the president of the instant management office, “the result of the 10th council of regular council of occupants’ representatives.”

Accordingly, the Plaintiff, following consultation with the head of the instant management office, shall only work until October 31, 2018. On October 29, 2018, the Plaintiff transferred the accounting duties of the instant management office to C employed after the Plaintiff’s successor on October 29, 2018, and completed the duties at the instant management office on October 31, 2018.

E. Around October 2018, the Plaintiff received KRW 13,122,750 as retirement allowances from the Defendant, and received additional KRW 1,086,550 as retirement allowances around April 8, 2019.

Part 1 of the General Provisions of Chapter 8 / [Quota] The fixed number of personnel may be changed depending on changes in the number of 1st executive officers, 4th executive officers, 1st executive officers, 4th executive officers, 2th executive officers, 2th executive officers, 2nd executive officers, 2nd executive officers, 12th executive officers, 2nd executive officers.

Part II Article 17 of the Personnel Regulations / [Retirement Age]

1. The retirement age of workers shall begin with the age of 66 until the age of 65;

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