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(영문) 대구지방법원 2015.07.23 2014가합9438
해고무효확인등
Text

1. The part concerning the claim for nullification of dismissal, among the instant lawsuits, shall be dismissed.

2. The defendant shall pay to the plaintiff KRW 12,834,444.

Reasons

1. Facts of recognition;

A. The defendant is a non-corporate body consisting of representatives (12) from each Dong of the apartment of this case as a council of occupants' representatives of B apartment in Daegu-gu, Daegu-gu, (hereinafter "the apartment of this case"), and the plaintiff is the head of the management office of the apartment of this case employed by the defendant.

B. From February 1, 2013, the Plaintiff served as the head of the instant apartment management office, and concluded an employment contract on a yearly basis with the Defendant on February 20, 2014, which was after the end of the first employment contract, concluded an employment contract with the Defendant on February 1, 2014 to January 31, 2015, with the period of the employment contract from February 1, 2014 to January 31, 2015.

C. From November 9, 2012, the main contents of the Defendant’s rules of employment and management rules, which take effect, are as stated in the management rules and rules of employment attached hereto.

On May 21, 2014, the Defendant held a disciplinary committee against the Plaintiff (hereinafter “the instant primary disciplinary committee”) and took a salary reduction of 10% per month against the Plaintiff due to the same cause as indicated in the attached disciplinary committee. On June 3, 2014, the Plaintiff submitted explanatory materials and requested reexamination.

E. On June 20, 2014, the Defendant publicly announced to the effect that the Plaintiff would hold a disciplinary committee against the Plaintiff again, and accordingly, on June 25, 2014, the Plaintiff was not present at the Plaintiff’s disciplinary committee (hereinafter “instant second disciplinary committee”). The Defendant made a resolution that “the dismissal of disciplinary action” (hereinafter “instant dismissal”) on July 31, 2014 due to the grounds for disciplinary action stated in the attached Table, and issued a personnel order against the Plaintiff from June 27, 2014 to July 31, 2014 pursuant to Article 24 of the Defendant’s Rules of Employment.

On June 27, 2014, the Plaintiff appealed and filed a request for reexamination, and the Defendant dismissed the Plaintiff’s request by holding a re-deliberation committee on July 25, 2014.

F. Nonparty D, the chairperson of the defendant, is the apartment of this case.

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