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(영문) 서울행정법원 2020.03.26 2019구합63928

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 resulting from the supplementary participation.

Reasons

An intervenor in the process and content of the decision on reexamination is a public corporation that employs 11,500 full-time workers and engages in the development and power generation business of electric resources. On February 15, 1982, the Plaintiff entered the intervenor and served as the Cpower Safety Team leader from December 27, 2015.

On July 25, 2018, the intervenor held a disciplinary review committee against the plaintiff, and decided to dismiss the plaintiff.

On August 14, 2018, the Intervenor sent to the Plaintiff a notice of the result of the disciplinary action on August 6, 2018, including the disciplinary action stipulated in the following disciplinary reasons:

(hereinafter “instant dismissal”) 1. 1. (hereinafter “instant dismissal”) - Related provisions on the use of a corporate card at a business-restricted place (hereinafter “instant dismissal”): The Plaintiff settled KRW 7,50,000 on a total of 33 occasions from the general entertainment bars and other main points, which are the business category restricting the use of the corporate card, and the general entertainment bars and other main points, which are the business category restricting the use of the corporate card, under Articles 12 and 13 of the Ethical Code of Conduct (hereinafter “Ethical Code of Conduct”) and Articles 6(1), 11(1)5, 12, and 11(2) of the Guidelines for the Management of Corporate Card Management - The Plaintiff paid KRW 7,50,000,000, in total, from September 23, 2016 to January 25, 2018.

The details shall be as shown in attached Form 1.

As shown in attached Form 1, the above employees performed drinking in a general entertainment tavern and other main points, which are restricted business types with a corporate card, and used the corporate card by settling the total amount of KRW 5,450,000 over 25 times in total, even though the above employees constitute a “carf or bar” where the entertainment personnel sell drinking, and thus, they constitute a “carf or bar” under Article 11(1)5 of the Corporate Card Management Guidelines.

In addition, "I, J, K, and L", which are other businesses, are clearly related to the business of Article 11 (2) and (3) of the Corporate Card Management Guidelines.