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(영문) 전주지방법원군산지원 2015.04.30 2014가합11552
전적처분무효확인 등
Text

1. On February 29, 2012, the Defendant confirmed that the transfer of the enemy against the Plaintiff was null and void.

2. The defendant shall be the plaintiff.

(a) 34.

Reasons

1. Facts of recognition;

A. In relation to the parties, and on February 29, 2012, the former Plaintiff entered the Defendant around 1982 and worked as a Class 3 regular manager from the Defendant around February 2, 2012 through four agricultural cooperatives for about 30 years following the entry into the Defendant. However, on February 29, 2012, the Defendant transferred the Plaintiff to Grade 3 third class staff members of the Agricultural Cooperative Co., Ltd (hereinafter “instant transfer”).

(b) Relevant provisions: Article 56 (Appointment and Dismissal of Employees) of the Agricultural Cooperatives Act. (2) Regional agricultural cooperatives shall have an executive officer as prescribed by the articles of association, and the executive officer shall be appointed or dismissed by the president of a cooperative from among the persons who have passed a screening test

Article 60 (Appointment and Dismissal of Employees) (2) A union may have not more than three regular directors as an executive officer.

Provided, That there may be one regular director at the branch offices as necessary.

(3) The executive officers under paragraph (2) shall be appointed or dismissed by a resolution of the board of directors of cooperatives, from among those who have passed a screening examination conducted by the National Federation Chairperson

In such cases, the appointment and dismissal of the executive officer under the control of the standing director shall be made at the proposal of the society.

Chapter IV executive officers exchange, movement, and personnel exchange.

E. Under Article 56(2) of the Agricultural Cooperatives Act and Article 60(3) of the Articles of Incorporation, when appointing and dismissing an executive officer (appointing and dismissing an executive officer), the president of the cooperative shall appoint and dismiss the executive officer upon a resolution of the board of directors. In case the president of the cooperative gives a position of an executive officer or dismisses the executive officer, he/she shall obtain a resolution of the board of directors before issuing personnel management. Article 23(Restriction on Dismissal, etc.) of the Labor Standards Act 1) of the Labor Standards Act 1st employer shall not dismiss, lay off, suspend, transfer

[Ground for recognition] Unsatisfy

2. Determination on the claim for confirmation of invalidation

A. The judgment on the cause of the claim in this case is to dismiss the plaintiff from the defendant's third class regular director and appoint the plaintiff as the third class assistant officer of the CF. Thus, the defendant.

A person shall be appointed.

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