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(영문) 서울행정법원 2014.05.15 2013구합4552

부당해고구제재심판정취소

Text

1. On January 18, 2013, the National Labor Relations Commission (hereinafter “National Labor Relations Commission”) against the Plaintiff and the Defendant joining the Defendant, Section 2012.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) was established on August 11, 2004, and hired 1,000 full-time workers, and was engaged in railroad-linked tourism business and product sales business. On July 5, 2007, the Plaintiff entered the Intervenor Company and was in charge of the duties of the personnel team leader from January 18, 201 to January 4, 201, and worked as the head of the C branch office from January 2012.

B. On June 7, 2012, the Korea Railroad Corporation, the parent company of the intervenor company, may conduct the intervenor company's business and accounting audit at the request of the intervenor company, the president of the Korea Railroad Corporation, or the auditor, and when there is any illegality or illegality in the audit results, the intervenor company may request the representative director of the intervenor company to correct or take other necessary measures. The intervenor company entered into an agreement on conducting the audit of the affiliate company with the content that the intervenor company should take the necessary measures and report the result to the president of the Korea Railroad Corporation. From April 9, 2012 to May 9, 2012, the intervenor company notified the intervenor company of the result of the audit, and requested the plaintiff to dismiss the intervenor company with respect to improper business affairs that the plaintiff performed as the personnel team leader, etc. on June 25, 2012. (b) The intervenor company held a personnel committee on June 25, 2012 to dismiss the plaintiff pursuant to Article 86 of the Rules of Employment on the ground that the plaintiff did the following acts:

(hereinafter “instant dismissal.” On July 2, 2012, the Plaintiff filed an application for review of disciplinary action against the Intervenor Company, but the Intervenor Company dismissed the application for review by holding a review personnel committee on July 3, 2012.

The disciplinary action No. 1 is a sports event.