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(영문) 서울중앙지방법원 2014.11.21 2013가합550503

해고무효확인

Text

1. It is confirmed that the Defendant’s dismissal of the Plaintiff on July 30, 2013 against the Plaintiff is null and void.

2. The defendant shall make the plaintiff 56.

Reasons

Basic Facts

The Defendant is a school foundation that establishes and operates C University’s attached middle schools, high schools, and D High Schools (hereinafter “E”), etc.

On October 17, 1994, the Plaintiff was employed as a Fran Contract and was transferred to E on July 2002, and then promoted to the head of the administrative office (class VI) on March 2008. On March 7, 2011, the Plaintiff was transferred to D and was in charge of managing the School Development Fund (hereinafter referred to as the “Development Fund”) from the head of the administrative office (class VI) to the head of the administrative office (class VI) to which he belongs, and received benefits of KRW 4,003,709 every month.

On May 24, 2012, after the president of the defendant corporation was changed on March 2013, 2013, the principal, deputy principal, etc. of D High School was replaced, and the school was audited. At the time, G, accounting officer, H, and school facilities-related affairs were investigated by I.

In this process, G and H voluntarily resigned.

On May 8, 2013, the Defendant’s chief director requested the Plaintiff to make a disciplinary decision based on the grounds for disciplinary action specified in Table 1.1, Table 2-1, 3-2, and 4 below and the 6th Employee Disciplinary Committee meeting was held, and the same year thereafter.

7. 10. In addition to 2.3, 4, 5, and 6 of Table 1-2, 3.1, 32, and 4 of the Grounds for Disciplinary Action as set forth in the table 1-2, 3, 4, 5, and 6, the dismissal decision was made against the plaintiff as the grounds for the disciplinary action as set forth in the table 1-2, 3, 4, 5, and 6 below, and the dismissal decision was notified to the plaintiff on the 30th of the same month.

(hereinafter “instant dismissal disposition”). On the other hand, I also has the same year.

5.8. A resolution on disciplinary action is required;

5. 23. A resolution of dismissal was passed.

1. (Disciplinary Grounds) Regulation 1 of the Regulation 1 for the Violation of the Disciplinary Grounds Nos. 1 [Payments 1] - With respect to the school landscaping work in 2012, which was ordered separately for free contract without open tendering, the plaintiff paid the proceeds of one of them (the second works) in accordance with the direction of G, even though the construction has not been completed. - In addition, with respect to the disbursement of the construction cost.