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(영문) 인천지방법원 2019.01.31 2018가합53534
해고무효확인
Text

1. The part concerning the claim for confirmation of invalidity of dismissal among the lawsuit in this case is dismissed.

2. The defendant shall pay KRW 11,580,200 to the plaintiff.

Reasons

1. Basic facts

A. The defendant is an organization comprised of occupants in order to manage the Seoul Southern-gu Seoul Metropolitan City Residential Housing (hereinafter “instant multi-family housing”)

From November 16, 2016, the Plaintiff served as the head of the management office of the instant multi-family housing.

B. On November 16, 2016, the Plaintiff served as the head of the management office of the instant multi-family housing from November 16, 2016 to November 15, 2017, and concluded a labor contract with the head of the management office of the instant multi-family housing (hereinafter “instant employment contract”) to automatically extend the contract one month before the expiration of the contract, unless there is any special reason not to do so. The wage is KRW 3,163,000 per month (i.e., basic pay and allowances KRW 2,963,000,000), and other matters are to comply with the labor-related statutes, such as the Labor Standards Act, and the rules of employment, etc. of the instant multi-family housing (hereinafter “instant employment contract”).

C. On May 2017, under the consent of a majority of residents, the Defendant decided to change the management method of the instant collective housing from the existing autonomous management to the entrusted management business entity to the entrusted management. On May 12, 2017, the Defendant publicly announced the selection of a multi-family housing management business entity, and the same year.

6.7. A Co., Ltd. (hereinafter “C”) selected as an outsourced management business entity and concluded an entrustment contract with a multi-family housing management business entity.

On June 16, 2017, the Defendant sent a notice to the Plaintiff on June 16, 2017, stating that “the instant multi-family housing management method was changed from self-management to entrusted management, and the Defendant was no longer managing the instant multi-family housing, and thus the instant employment contract is terminated to July 16, 2017” (hereinafter “instant notice of dismissal”), and the Plaintiff signed the said notice.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 4, the purport of the whole pleadings

2. The Defendant unilaterally dismissed the Plaintiff during the process of changing the management method of the instant collective housing.

This Article 14 (2) 9 of the Enforcement Decree of the Multi-Family Housing Management Act.

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