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(영문) 서울고등법원 2016.10.14 2016나2019792

해고무효확인 및 임금청구의 소

Text

1. Revocation of the judgment of the first instance, and all of the plaintiff's claims are dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The basic facts;

2. The grounds for this part of the allegations by the parties are as stated in the judgment of the court of first instance, except in the following cases, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second tenth of the judgment of the court of first instance is "round March 6, 201" to "round March 7, 2011."

From October 14, 2014, the second to the third to the 15th to the 16th to the 16th to the judgment of the first instance (the “2014.”), the Defendant held a general committee on punishment on October 14, 201 and decided to dismiss. The Defendant notified the Plaintiff of the relevant details (hereinafter “instant removal”).

The list of paragraph (d)(3)(6) of the first instance judgment is as follows.

[Employment Rules] Article 7 (Prohibited Acts) No employee shall commit any of the following acts:

1. Disciplinary action shall be taken against an employee under Article 45 (Disciplinary Action) of the Act that damages the honor of, or inflicts property damage on, the Seoul Magaz (Personnel Regulations) when the employee falls under any of the following:

1. Where any disciplinary action is taken against an employee in violation of the provisions of Article 46, the disciplinary action referred to in Article 46 shall be dismissal, dismissal, demotion, suspension from office, reduction of salary and reprimand (hereinafter referred to as "Discipline"), and a disciplinary action taken against an employee under Article 50 shall be determined by internal regulations;

Article 52 (Prescription of Disciplinary Action) (1) No disciplinary decision shall be requested after two years have elapsed from the date on which the cause of the disciplinary action occurred.

However, in the case of embezzlement and misappropriation of public funds and acceptance of money and valuables, the prescription period shall be five years.

The criteria for disciplinary action under Article 50 of the Regulations on Personnel Management [Enforcement of the Regulations] are as shown in attached Table 10, attached Table 10-3, attached Table 11, and attached Table 12.

Article 43 (Determination of Disciplinary Action) (2) In making a request for a disciplinary resolution or disciplinary resolution in a disciplinary case, a person who has the ability to maintain fairness in performing his/her duties, realizes a clean employee and establish a public fund, embezzled and misappropriated public funds, or a person who gives or receives money and goods in relation to his/her duties.