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(영문) 대전고등법원 2019.04.25 2018나12962

해고무효확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, citing this case, is as stated in the reasoning of the judgment of the court of first instance, except where the following is removed and added, thereby citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2 Myeon 8 and 9 " December 23, 2013" shall be changed to " December 27, 2013".

[Personnel Regulations] Article 6 (Establishment and Operation of Personnel Committee) (1) The personnel committee shall be established for reasonable and fair personnel management, and matters concerning the personnel affairs of the personnel shall be deliberated and resolved.

(2) The personnel committee shall be composed of a representative director, and five or less representative directors including the chairperson shall be commissioned to the committee.

(3) Detailed matters concerning the establishment and operation of the personnel committee shall be separately determined by internal regulations.

Article 7 (Functions of Personnel Committee) The Personnel Committee shall deliberate and decide on the following matters:

2. Disciplinary action may be taken against an employee if he/she falls under any of the following cases:

1. Where he/she violates the articles of incorporation or regulations;

2. When he violates his duties or neglects his duties;

3. Where he commits an act detrimental to his prestige or dignity, regardless of a connection with his duties.

4. Where he inflicts loss on the corporation by intention or gross negligence;

5. Where any unlawful collective act is conducted, the representative director shall send a written request for submission accompanied by materials proving the facts to the personnel committee, if it is necessary to discipline an employee.

(2) The representative director shall convene a personnel committee upon the request for submission of the personnel committee received, and send a notice of reference to the personnel committee stating the personal information, disciplinary ground, date and place of the person to be disciplined

The disciplinary action against an employee under Article 40 (Procedure of Disciplinary Action) shall be taken by the representative director through a resolution of the personnel committee.

[Reward and Disciplinary Action] Article 7 (Disciplinary Action against Employees) (1) The representative director shall be an employee.