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(영문) 제주지방법원 2016.05.12 2015가합1181
해임처분무효확인
Text

1. The Defendant shall pay to the Plaintiff KRW 71,915,510 and the interest rate of KRW 15% per annum from April 12, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. 1) The Defendant Union established with the aim of enhancing the productivity of fisheries by its members, promoting the expansion of markets for fishery products produced by its members and the facilitation of their distribution, and providing its members with funds, materials, technology, information, etc., thereby enhancing their economic, social, and cultural status (hereinafter referred to as “regional fisheries cooperatives”).

(2) From March 23, 2012, the Plaintiff is a standing director who exclusively handles the affairs of credit business, etc. in the Defendant Union and works as a standing director responsible for the management thereof, and was dismissed by the board of representatives of the Defendant Union on June 29, 2015.

B. 1) On February 14, 2014, the board of directors of the defendant association, on which the term of office of the standing director is four years, but at the time two years have passed after the commencement of the term of office, deliberated on whether or not the remaining term of office of the plaintiff continues to exist pursuant to Article 56(1) of the articles of association, which provides that the result of evaluation of duties under the standards for management evaluation shall be determined to continue to maintain the remaining term of office. Although the evaluation score of the plaintiff was 74.52 (B), the defendant association decided to allow the plaintiff to continue to hold the remaining term of office. 2) After April 8, 2015, the defendant association held a resolution to dismiss the plaintiff on the ground that the evaluation score of the management status of the plaintiff was 74.52 (B), but the plaintiff did not submit the written resignation to the general meeting by June 2015.

3. Around June 22, 2015, the Defendant Union shall hold a resolution on dismissal of the Plaintiff on June 29, 2015 with the subject matter of the resolution on dismissal of the Plaintiff.

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