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(영문) 춘천지방법원강릉지원 2014.08.14 2014가합27
대기발령처분무효확인
Text

1. The Defendant’s order of standby issued as of August 30, 2013 against the Plaintiff, disposition of home-based service as of December 30, 2013, and March 18, 2014.

Reasons

1. Basic facts

A. The status of the parties is a school juristic person with the aim of providing secondary education and higher education (hereinafter “Defendant juristic person”), and the Plaintiff is the office chief of the Defendant juristic person.

B. Each disposition of removal from position or suspension from office against the plaintiff of the defendant corporation 1) The former president C of the defendant corporation on August 30, 2013 shall be subject to the disposition of removal from position or standby order against the plaintiff on August 30, 2013 (hereinafter "instant standby order").

(2) On August 31, 2013, the Ministry of Education resigned from the position of the president of the Defendant Corporation. 2) On October 21, 2013, the Defendant Corporation’s board of directors appointed as the temporary director of the Defendant Corporation on November 14, 2013, the Plaintiff arbitrarily restored the position of the Defendant Corporation to the position of the president of the Defendant Corporation without being appointed by the appointing authority in the position of the president of the Defendant Corporation despite the instant disposition of standby Order, and exercised the said position without being appointed by the appointing authority in the position of the president of the Defendant Corporation on December 30, 2013, the Plaintiff was unable to enter the Plaintiff’s personnel record card into the Plaintiff’s personnel record card on the instant disposition of standby Order. 3) Notwithstanding the instant disposition of standby Order, the Defendant Corporation’s board of directors occupied the office of the director of the Defendant Corporation and rendered a disposition of removal from position and selective work on the ground that it undermines the working conditions of the Defendant Corporation (hereinafter “instant disposition”).

3. On December 30, 2013, the temporary president D of the defendant corporation had been stationed at the board of directors of the defendant corporation without reporting to the board of directors of the newly organized defendant corporation despite the cancellation of his position from the position of the head of the office of the defendant corporation in this case.

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