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(영문) 서울행정법원 2018.11.29 2017구합80301

부당해고구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

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

A. Defendant Intervenor’s Intervenor (hereinafter “ Intervenor”) is a corporation that is established pursuant to Article 32 of the Industrial Development Act and employs approximately 300 full-time workers and conducts business management diagnosis and guidance, education and training, statistics relating to productivity, and research and study projects.

B. On April 1, 1989, the Plaintiff joined a participant corporation and served as the head of a public education center that performs “the duties of receiving orders and performing national policy projects, the duties of organizational development, self-development, and the duties of promoting entrusted education tailored to the field of regional innovation” from August 1, 2009 to July 1, 2015.

From September 1, 2015 to July 5, 2016, the Plaintiff served as the head specialist of the Honam Regional Headquarters, and from July 6, 2016, as the head of the customized Corporate Education Center.

C. Around August 24, 2016, the Intervenor was informed by C (hereinafter “the instant informant”) of the fact that the Plaintiff was provided entertainment tavern D (hereinafter “the instant entertainment tavern”) in Mapo-gu Seoul (hereinafter “E”)’s work as the head of the public education center, that the Intervenor was provided with entertainment for liquor, sexual entertainment, etc. by the Intervenor’s representative, who was entrusted with overseas training, etc. from the Intervenor’s agent in the instant entertainment tavern (hereinafter “the instant entertainment tavern”) and conducted an audit thereof (hereinafter “the instant auditor”).

Based on the results of the instant audit, the Intervenor organized a personnel committee on October 31, 2016, November 14, 2016, and December 27, 2013 of the same year (hereinafter “instant personnel committee”) and notified the Plaintiff on December 29, 2016 following the resolution.

(hereinafter referred to as “instant dismissal.” On December 27, 2016, the Disciplinary Personnel Committee determines and notifies the name of the Plaintiff’s member / Department of Enterprise Education (as of December 27, 2016) under the name of the notification of the result of disciplinary action (hereinafter referred to as “instant notification”).

The Plaintiff’s negligence of accepting entertainment from an external company is recognized.