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(영문) 서울행정법원 2018.07.12 2017구합756

부당노동행위구제재심청구 기각판정 취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the Plaintiff, including the part resulting from the participation.

Reasons

1. Causes and contents of the decision in the retrial;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a juristic person established on March 9, 1995 and engaged in manufacturing business and wholesale and retail business with 400 full-time workers.

The plaintiff is a person who joined the intervenor on May 11, 2005 and worked for the intervenor.

The husband C of the plaintiff is a person who was employed and worked in the intervenor on June 1, 2002.

B. On February 2, 2016, the Intervenor removed the Plaintiff on the following grounds:

(hereinafter “instant dismissal”). In addition, the Intervenor dismissed C on the same day on the ground that “C has silentd the Plaintiff’s occupational embezzlement.”

The Intervenor’s private embezzlement, loss, or private use of goods (hereinafter “Disciplinary Reason No. 1”) is used for embezzlement, loss, or private use for the purpose of embezzlement, loss, or private use of goods purchased at the time of the purchase of goods for the creation of the Intervenor’s company housing and the rest room for female employees.

It violated the code of conduct for executive officers and employees by committing misconduct, such as having been committed by the intervenor.

According to the false preparation of documentary evidence and improper disbursement of goods (hereinafter "Disciplinary Reason 2 of this case") that did not comply with the procedures for the selection of goods to be purchased and the procedures for inspection and examination of goods when purchasing goods, a false statement of inspection and examination of goods was prepared and made to the expenditure department for the payment of goods.

The municipal development fund was not required to purchase public bonds equivalent to 1.5% of the regional development fund at the time of the request for the purchase of goods due to the purchase of goods by the local development fund public bonds (hereinafter "Disciplinary Reason No. 3 of this case") but violated the Ordinance on the Establishment of the Jeju Special Self-Governing Province.

At the time of a specific audit of the audit team related to the embezzlement of the intervenor's goods (hereinafter "Disciplinary Reason No. 4 of this case"), the participant's business files will be made in a voluntary format of files stored on his/her computer and on Nowon-North.