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(영문) 서울남부지방법원 2020.07.23 2019가합106881
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties’ related Plaintiff is an incorporated association C (hereinafter “C”) and a person who entered into a labor contract on May 16, 198 and served as a full-time officer from September 14, 2009 to May 20, 2016.

The defendant is a person who has served as a director with the power of representation of C from March 1, 2016 to February 28, 2019.

B. Around September 2009, the 144th meeting of the 144th meeting, which held a resolution to appoint the Plaintiff as a full-time officer from September 14, 2009 to September 13, 2012, and thereafter, the 152 meeting, which held around September 14, 2012, adopted a resolution to appoint the Plaintiff as a full-time officer. Around September 13, 2015, the 152 meeting of the 152 board of directors, which held on September 14, 2012, resolved to be reappointed for three years from September 13, 20

In addition, the 164th meeting of the 164th meeting, which was held on October 12, 2015, resolved that the Plaintiff be reappointed as a full-time officer for three-year period from October 12, 2015 to October 11, 2018.

However, on May 20, 2016, the 168th meeting of the board of directors held on May 20, 2016 passed a resolution that it is impossible to serve the plaintiff as a full-time officer on the ground that there is a procedural defect in the procedure.

C is no longer a full-time officer in the Plaintiff, so it is called "the notification of this case" to notify the Plaintiff that he will immediately dispose of the personal property.

(C) On June 7, 2016, the Plaintiff asserted that the instant notice constitutes unfair dismissal, and filed an application for remedy with the Seoul Regional Labor Relations Commission, but the Plaintiff was dismissed on the ground that it was not an employee (Seoul Regional Labor Relations CommissionD), and on September 2, 2016, filed an application for reexamination of the Central Labor Relations Commission, but was dismissed on the same ground (e.g., the Plaintiff filed an action for cancellation of the adjudication on the rejection of unfair dismissal remedy with the Seoul Administrative Court on January 2, 2017, which was supported by C.

In the lawsuit above, the Seoul Administrative Court shall make the plaintiff's claim on the same ground as the above request for remedy.

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