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(영문) 광주고등법원 2019.09.25 2018나23642

해고무효확인

Text

1. Revocation of the first instance judgment.

2. The Defendant’s dismissal against the Plaintiff on August 22, 2017 confirms that the removal is null and void.

3...

Reasons

1. Basic facts

A. The defendant is a corporation established by the Korea Rural Community Corporation and Farmland Management Fund Act.

From January 25, 2011 to July 17, 2015, the Plaintiff, as an employee of the Defendant (Grade III), was in charge of five businesses (hereinafter “instant business”), including C, in Defendant B, etc., and was temporarily employed as necessary for a field investigation accompanied by the instant business and carried out the work, such as paying reasonable personnel expenses.

B. From June 22, 2015 to July 17, 2015, the Board of Audit and Inspection audited the actual status of the Defendant’s execution of personnel expenses for daily employment, and notified the Defendant of the request for disposition of audit results that requires the Defendant to take disciplinary action against the Plaintiff on February 15, 2016.

The summary of the reasons why the Board of Audit and Inspection demands the defendant to dismiss shall be as follows.

1) The Plaintiff, while having D work as a part of the daily worker employed in the instant business, had D take charge of part of the field investigation and the preparation of a report and registered false seal as a result thereof, had D receive the said personnel expenses from January 2013 to August 2013, paid the total of KRW 14,578,600 in an unfair manner. Around January 2013 to August 2013, the Plaintiff allowed D to receive the remainder of KRW 12,738,850, excluding the false seal account usage fees (hereinafter “instant ground 1”).

(2) The Plaintiff received KRW 2,00,000,000, in total, from D, in return for the Plaintiff’s duties to be assigned to D and for the payment of personnel expenses for false personnel members. < Amended by Act No. 11871, Jun. 4, 2013; Act No. 11871, Jun. 29, 2013>

(hereinafter referred to as “instant ground 2”) C.

On March 14, 2016, the Plaintiff requested the Board of Audit and Inspection to dismiss the Plaintiff from office on February 12, 2016, but the Board of Audit and Inspection decided to dismiss the request on July 20, 2017.

Accordingly, on August 22, 2017, the defendant opened a personnel committee and decided to dismiss the plaintiff.

(hereinafter referred to as “instant removal disposition”). As to this, the Plaintiff is the Defendant.