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(영문) 부산고등법원 2015.01.21 2014나3078
해고무효확인 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant B association as a party (hereinafter "the defendant association") is a corporation established on December 23, 1991 for the purpose of contributing to the sound development of the C business in Busan area and the promotion of common interests, and the plaintiff was employed as the chief of general affairs by joining the defendant association on March 21, 2005 without fixing the period.

B. On January 16, 2013, the election of the chief director and the Defendant Union, who was dismissed, were elected as the 11st president at the 11st general meeting of shareholders, and D was elected as the 5th chief president E.

After that, on February 7, 2013, D, while performing its duties as the president of the Defendant Union, ordered the Plaintiff a indefinite paid leave on February 8, 2013. On February 25, 2013, D notified the Plaintiff that “the Plaintiff shall be dismissed as of February 28, 2013 on the grounds of the following: (a) voluntary decision on the management of the Fund for the Management of the Association; (b) voluntary decision on the election of the president in 2013; (c) voluntary decision on the election of the president in 2013; (d) false report of the acquisition committee in 2013; (e) the diversion and embezzlement of public funds under the travel expense provision; and (e) payment in the

(hereinafter referred to as “instant dismissal”). C.

After the appointment of the acting director D was elected as the chief director, some of the members of the defendant union filed a lawsuit against the defendant union and D seeking confirmation of invalidity of the election chief director (2013dahap2248) with the Busan District Court, and filed an application for suspension of the performance of duties of chief director and provisional disposition of the appointment of acting director (2013Kahap223). On April 26, 2013, the above court suspended duties of D until the judgment of the merits became final and conclusive, and made a decision to appoint the acting director as the acting representative.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, testimony and whole purport of pleading by the witness E of the first instance trial

2. The parties' assertion

A. The plaintiff's assertion 1) The defendant union's procedural defect in the procedure of dismissal is "a business or workplace which ordinarily employs not less than five workers" under Article 11 (1) of the Labor Standards Act, and thus, it is against the plaintiff.

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