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(영문) 대전지방법원 2021.03.31 2020가합100523
해고무효확인
Text

1. The Defendant’s and the Plaintiff A’s dismissal and disciplinary action against the Plaintiff on May 24, 2019 are imposed KRW 33,265,523, and Plaintiff B.

Reasons

1. Basic facts

A. 1) The Defendant was incorporated into the Korean Sport Association established under Article 33 of the former Sports Promotion Act (amended by Act No. 13246, Mar. 27, 2015) and the Korean Sport Association established under Article 7 of the former Sports Promotion Act (amended by Act No. 13246, Mar. 27, 2015) as the Korean Sport Association for 2016.

An incorporated association E (hereinafter referred to as the "E Association") is a member business group of the Korean Sport and Olympic Committee, and the defendant is a non-corporate association belonging to the E Association in the region of F City Sport and Olympic Committee, and in the paper of F City Sport and Olympic Committee.

2) The Plaintiffs, who had worked in relation to the Defendant from the time when the Defendant was the former Association (former Association), concluded a labor contract with the Defendant around 2016, and the Plaintiff A was the chief of the Defendant’s Secretariat (former Affairs), and the Plaintiff B was the chief of the office (accounting affairs).

The work contract was written on April 1, 2016.

B. On June 24, 2016, the Defendant applied for the admission of G to the Sports Association on July 20, 2016, when G was elected as the president at the time of the Defendant’s election of the president, etc. However, the Korean Sports Association rejected the admission on the ground of the illegal election of G on December 12, 2016.

2) On February 27, 2017, the Defendant organized a temporary operation committee (hereinafter “temporary operation committee of this case”) that performs duties related to the Defendant’s election of the president and performs duties for the management of the organization in accordance with the business guidelines of the Korea Sports Association on October 6, 2016.

Duties of the Chairperson Election Management Guidelines Committee for the Operation of the Chairperson Election Management and the Provisional Steering Committee and duties related to the election of the Chairperson and duties related to the election of the Chairperson and duties for the operation of organizations due to expiration of the term of office

3. The term of office of the committee and that of the election day council shall be from the date commissioned with the consent of the board of directors until the date of election of officers at the general meeting;

Provided, That an election of the chairperson shall be conducted.

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