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(영문) 대전지방법원 2017.04.05 2016구합591
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

The plaintiff in the process of the retrial decision is an unincorporated association composed of the representatives elected by the occupants for the management of A Apartment in Busan-gu, Busan-gu, (hereinafter referred to as the "the apartment of this case").

On September 21, 2014, the Plaintiff concluded a labor contract between the Intervenor and the Intervenor with the content that the Intervenor will work as the managing director of the instant apartment from September 22, 2014 to September 21, 2016.

On June 30, 2015, the Intervenor issued a public announcement of the selection of housing management operator on June 30, 2015, and the detailed evaluation table of the qualification examination system for housing management operator was partially revised in the standard form of the Rules of the Management Rules of Multi-Family Housing in Busan Metropolitan City.

D, the chairperson of the plaintiff, raised an objection to the above acts of the intervenor, changed the detailed evaluation table into the standard form, and then publicly announced the selection of the second housing management operator. However, on July 18, 2015, the number of bidding enterprises falls short of the minimum standards, and announced the selection of the housing management operator on July 3, 2015.

On July 27, 2015, the third bidding date, submitted a tender support document on July 17, 2015, but requested the return of the tender support document after about 30 minutes. The head of the apartment management office of this case returned the documents to the intervenor, and the number of the bidders became below the minimum standards.

On August 5, 2015, the Plaintiff held the council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives as of August 5, 2015"). On August 5, 2015, the Plaintiff decided to "legal countermeasures such as civil and criminal complaints, accusation, and referral of disciplinary committee against a bidder with the consent of six members, while six of the total eight members were present."

On August 21, 2015, the Plaintiff notified the intervenors to attend the Personnel Committee (Disciplinary Action) at the 27th of the same month, and requested the head of the apartment trade union branch of this case to cooperate with the members of the Personnel Committee (Disciplinary Action).

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