1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

This Court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this Court's reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Plaintiff’s assertion

From January 2014 to October 2015, the Plaintiff is a full-time member of the Defendant’s office, who is subordinate to and from the Defendant’s office, and is employed by the Defendant.

In addition, the 2013 Residents' Assembly held on December 15, 2013 determined that the defendant pays 1.7 million won to the general secretary in accordance with Article 19(2) of the defendant's operating regulations.

Nevertheless, since the Defendant did not pay the Plaintiff the unpaid wage and retirement allowance, the Defendant shall pay the unpaid wage of KRW 37.4 million (1.7 million x 22 months) and the retirement allowance of KRW 40.8 million in total and delay damages.

Judgment

In other words, the defendant's promotion committee's term is set by the operating rules (Article 15 (3)), among those who have consented to the establishment of the promotion committee by a general meeting or a resolution of the promotion committee which is not an employment contract or appointment, and full-time members such as general affairs are appointed by the resolution of the promotion committee (Article 15 (2) through (6)). The promotion committee's committee's duties are performed as a good duty of care according to the authority delegated by the residents without any direction and supervision of the promotion committee. The duties of the promotion committee's committee's members are supported by the chairperson and deliberated and decided on matters referred to the promotion committee's committee (Article 17 (5)). Full-time members are one of the promotion committee's members, and the duties of the promotion committee's full-time members are not basically different from the duties of the promotion committee's members, and the promotion committee's committee may have a secretariat if deemed necessary for executing its duties.