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(영문) 대전지방법원 2014.04.09 2013가합6760
해고무효확인 등
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 status of the parties is a non-profit corporation affiliated with the Ministry of Environment established pursuant to Article 41 of the Wastes Control Act; a person whose principal business is to provide performance guarantee for a business entity recycling wastes to treat wastes neglected after receiving a contribution pursuant to Articles 40 and 43 of the same Act; and the Plaintiff is a person employed as the director of the secretariat of the Defendant Union on September 10, 2012 and who has overall control over the affairs of the secretariat until July 23, 2013.

B. On May 24, 2013, when there was an issue of illegality, the former president C prior to the resignation of the president and appointment of an acting president of C, he resigned from office as the president of the Defendant Cooperative. The Defendant Cooperative Council appointed D director as the acting president pursuant to Article 29(3) of the Articles of Incorporation on the same day.

C. On July 2, 2013, the Defendant Union sent to the Plaintiff a letter of public notice on July 2, 2013, stating that “The Defendant Union shall hold a disciplinary committee for investigating misconducts 10:00 on July 23, 2013,” stating that “The Plaintiff shall be present to the Plaintiff on July 23, 2013,” the Defendant Union’s board of directors, following the issuance of a letter of public notice of employment favorable to F’s personal history, and that G employees shall be deducted from G employees at the riding place prior to C, during the period of self-determination, to submit details and explanatory materials regarding the act of misconduct, such as unauthorized entry of the Secretariat of the Defendant Union, attempted to enter into a corporate card, the occurrence of damages caused by the use of the corporate card, interference with emergency officers’ meetings, and any other delay of approval affairs.” The Defendant Union’s board of directors, on July 23, 2013, sent the following notice of dismissal regulations to the Plaintiff under Articles 37, 2334 and 35.

A. Before 200:

1. Date of dismissal: July 23, 2013;

(a) Personnel cases:

(b) Cases of using a corporate card without permission;

(c) an emergency executive meeting;

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