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(영문) 광주지방법원순천지원 2014.04.09 2013가합3980
해고무효확인
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 Defendant, a corporation established for the purpose of contributing to the promotion of social welfare by carrying out projects, such as the establishment and operation of medical welfare facilities for the aged, established and operated social welfare facilities, such as Dental Care Center, located in the summer-si, and the Plaintiff was appointed as the Defendant’s director on September 30, 2005 and the director of D Medical Care Center on January 18, 201.

B. On March 24, 2011, the Defendant held the 144th board of directors on March 24, 201, and decided to dismiss the Plaintiff from the office of the Defendant’s director and the director of the D Care Center on the ground that the Plaintiff, at his own discretion, used the Defendant’s official seal, prepared a statement of performance and confirmation that the Defendant increased the construction price of the D Care Center to KRW 1.8 billion to KRW 2.2 billion to KRW 1.8 billion to KRW 1.8 billion to KRW 2.2 billion to KRW 2 billion to KRW 1. As for E holding the office of the Defendant’s director and the director of D Care Center, the Defendant accepted the resignation of the Defendant’s director-general submitted by

C. On May 4, 2011, the Defendant held a personnel committee in which the representative director, directors, etc. participated as members and resolved to dismiss E. On July 30, 201, the Defendant held a board of directors meeting on July 30, 201 and resolved to dismiss the Plaintiff from office of the director and the president of the D Care Board.

On November 30, 2011, the Defendant: (a) drafted an implementation agreement under which the Plaintiff re-appointed the Plaintiff as the president of the D Care Center; and (b) “The Plaintiff would not dismiss the Plaintiff from the position of the president without justifiable grounds, even if the Plaintiff did not engage in any unlawful act, such as embezzlement of public funds” (hereinafter “instant agreement”); and (c) the Plaintiff served again as the president of the D Care Center.

E. Since then, the defendant could not have the plaintiff dismissed as above from work at the D Care Center and ordered the plaintiff to recover the paid benefits, but the plaintiff did not comply with this.

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