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(영문) 대전지방법원 2018.05.31 2017구합106458
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit include the part resulting from the participation of the defendant intervenor.

Reasons

1. Details of the decision on retrial;

A. According to the Intervenor’s articles of incorporation, a voting right has not been granted to less than one unit of investment, and on February 26, 2015, an amendment of the Articles of Incorporation was made to increase the amount of one unit of investment from KRW 10,000 to KRW 30,000.

On November 14, 2015, the Intervenor decided to conduct a "special election for standing directors" selected by the members of the association.

B. According to the amendment of the above articles of association, 10,00 won of investment per unit, which is the basis for granting voting rights, increased from KRW 10,000 to KRW 30,000,000, the number of union members who will lose voting rights due to the investment of only KRW 10,000,000,000,000,000,000 won, was created. The plaintiff, who was the head of the standing director special election and the head of the intervenor's branch office, was five employees, including C, who worked at the Filial branch office during the period from October 13, 2015 to December 22, 2015, ordered the above union members to deposit the amount of investment of KRW 30,000,00 in their accounts without the above union members' consent.

Accordingly, five members, such as C, etc. deposited insufficient amounts to KRW 30,000 in the account of the above members.

C. On November 3, 2015, the Intervenor confirmed that he/she conducted a self-audit and ordered five members, including C, to deposit their investments in the accounts as above, and then requested the Korea Federation of D Union to “the auditor related to the election of the standing director in 2015.”

Accordingly, the Korea Federation of Cooperatives requested disciplinary dismissal on April 5, 2016 on the ground that the intervenor violated the 'Ethical behavior guidelines' as described below, after conducting an audit.

No executive or employee of a union, whether directly or indirectly, may demand, receive, or promise a gift or any bribery, regardless of whether it is related to his/her duties, and the executive or employee thereof shall be himself/herself or a subordinate in violation of the provisions of Acts and subordinate statutes or regulations.

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