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(영문) 서울북부지방법원 2017.08.24 2016가합25281

해고무효확인

Text

1. It is confirmed that the Defendant’s dismissal on July 7, 2009 against the Plaintiff is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. From March 1, 1998, the Plaintiff was appointed as a full-time lecturer in the management department of C University and was employed as a full-time lecturer in international commerce in the management department until he was dismissed on July 7, 2009. The Plaintiff is an educational foundation that operates C University.

B. On July 7, 2009, the Defendant dismissed the Plaintiff on the following grounds:

(hereinafter “instant dismissal disposition”) ① Participation in the organization of the C University Professors Council established on April 2006 and active participation in the operation and activities of the Teaching Council as the executive organ of the Teaching Council.

(2) Defendant, C University, president, president, founder, or G, etc. shall be injured by pointing out false information, such as distributing out the press dogs in which “E”, etc. are written, leading to the press dogs held on the Dday racing and viewing, thereby impairing the honor of Defendant, C University, president, and founder, and violating the duty of good faith and the duty to maintain dignity. ③ Two research papers shall be published in duplicate and published, and the thesis published in duplicate shall impair the ethicality and sincerity of academic research, using a deceptive scheme, thereby impairing the dignity as a teacher by interfering with the duties of re-examination of university and the faculty member-based evaluation of teachers. ④ ④ A violation of the duty of prohibition of de-employment by leaving the place of work without his superior’s permission or justifiable reasons. ⑤ Violation of the Act on Promotion of Use and Information Protection, etc. of Information and Communications Networks by sending out e-mail the press dogs to many unspecified members of the university, which was made in the Dday racing and racing on the Dday Day, and distributing the right and the right of lectures of the faculty on March 4, 2009.

On the other hand, when the plaintiff was dismissed as above, the plaintiff tried to take a gun in the ball cartridges training place on the idea that he will kill the president and kill himself, and on September 29, 2009, the Daegu District Court racing support.