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(영문) 서울행정법원 2017.05.18 2016구합8715
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Intervenor is a corporation that ordinarily employs approximately 6,700 workers and operates multi-family housing management business, and on March 23, 2015, the Intervenor is a B apartment located in Yeonsu-gu Incheon (hereinafter “instant apartment”).

A) The term of contract with the council of occupants’ representatives entered into an entrustment management contract with the council of occupants’ representatives from April 1, 2015 to March 31, 2017. (2) The Plaintiff is a person who served as the director of the management office of the instant apartment from March 31, 2014, and the Intervenor entered into the contract with the managing office of the instant apartment, and served as the director of the management office (the head of the living support center) on April 1, 2015.

B. On April 1, 2015, the term of the Plaintiff’s employment contract with the Intervenor from April 1, 2015 to April 1, 2015.

6. A labor contract established by the end of 30.30 (for occupational categories, the management office and the head of the Center) was concluded.

2) On April 20, 2015, the council of occupants’ representatives of the instant apartment held a 16th regular meeting on April 20, 2015, and deliberated on the agenda on the dismissal of the head of the living support center on the grounds that many civil petitions filed for the management of cleaning, security, etc., and decided to pay attention after hearing the Plaintiff’s vindication. 3) The council of occupants’ representatives of the instant apartment held a special meeting on June 14, 2015 and decided to replace the head of the living support center on the ground of the Plaintiff’s failure to perform its duties in selecting childcare center operators and designating guard enterprises.

4) On June 24, 2015, the occupants of the instant apartment held a public hearing by the occupants to select childcare center operators and to select guard companies, the council of occupants’ representatives decided to resign from the office of all members of the council of occupants’ representatives and to replace the head of the living support center on the grounds of involvement of the council of occupants’ representatives and the Plaintiff’s business accommodation. The council of occupants’ representatives of the instant apartment was fully resigned on the 30th of the same month. 5) The Intervenor, based on the result of the resolution

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