logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.28 2015나2056664
해고무효확인
Text

1. The judgment of the court of first instance is modified as follows.

The dismissal of the Defendant against the Plaintiff on March 31, 2014.

Reasons

Basic Facts

The defendant is a company that operates the lease management business of four buildings such as the Seoul Dongjak-gu Seoul Metropolitan Government C building, D building, E commercial zone 2 buildings.

F had 62% of the shares of the Defendant Company until October 22, 2014, and served as the president and the representative director of the Defendant Company until November 10, 2014.

In around 194, the Plaintiff became a member of H operated by F, and from March 1995, after managing the personal property and the business of F from March 1995 to 20 educational foundations, I, and J, the Plaintiff retired from H around January 200.

On March 1, 2010, the Plaintiff joined the Defendant Company upon F’s request, and was appointed as a registration director at the resolution of the general meeting of shareholders on March 31, 201, and served as the president of the Defendant Company.

On the other hand, on September 30, 2012, the Plaintiff received retirement allowance of KRW 44,091,441 from the Defendant and registered the resignation in the copy of the register of the Defendant Company, but continued to serve as the president of the Defendant Company.

In March 2012, the Plaintiff received annual salary of KRW 150 million ( KRW 9,375,000 per month’s basic salary, KRW 9,375,00 per annum ( KRW 3,6,9, and KRW 9,375,00 per annum)) from the Defendant for the period from April 1, 2012 to February 28, 2014, the Plaintiff received KRW 200 million per annual salary ( KRW 12,50,000 per month’s basic salary, KRW 12,50,000 per annum ( KRW 3,6,9, and December) and the Defendant deducted the Plaintiff’s employment insurance premium and industrial insurance premium from the Plaintiff’s wage.

On March 24, 2014, F sought to reduce the Plaintiff’s annual salary of KRW 80 million, which the Plaintiff refused.

On March 31, 2014, the Defendant dismissed the Plaintiff on the ground that “The Plaintiff did not work in the Defendant company after March 24, 2014 due to the annual salary negotiation failure.” As such, the Defendant notified the Plaintiff that the Plaintiff would be dismissed on March 31, 2014, and that the Plaintiff would be paid the advance notice of dismissal (one-month salary) and unpaid bonuses and retirement allowances on March 2014.”

(hereinafter referred to as “instant dismissal”). [Ground of recognition] There is no dispute, Gap evidence 1, 2, 26, 35, and Eul.

arrow