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(영문) 서울고등법원 2020.08.13 2020재누10006

부당해고구제재심판정취소

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Following the conclusion of the judgment subject to a retrial does not conflict between the parties, or is apparent in records.

1) On November 24, 2015, the Intervenor is a D Co., Ltd. (hereinafter “D”).

) The E-sports Center (hereinafter referred to as “E-sports Center”) and the E-sports Center.

(2) On October 1, 2014, the Plaintiff entered into a labor contract with the Intervenor and served as the head of the E-sports center from December 14, 2015.

B. Around July 2016, 2016, 15 employees of the Intervenor working at the E-sports Center prepared and submitted to the Intervenor a copy of the year stating that “The Plaintiff has committed an inappropriate act as a head of the office, such as having other workers process civil petitions without accurately preparing a list of faculty members, having other workers treat workers, and having discriminated against workers, etc., and requesting appropriate measures against the Plaintiff.” (2) On July 25, 2016, 2016, the Intervenor held a disciplinary committee and the said disciplinary committee passed a resolution on disciplinary action against the Plaintiff on the ground that “the Plaintiff is unable to perform his/her duties as a head of the office due to poor working ability and working attitude of the Plaintiff.”

On the same day, the intervenor notified the plaintiff that he dismissed the plaintiff as of August 31, 2016 in accordance with the resolution of the disciplinary committee.

3) The Plaintiff prepared a resignation statement stating that “the Plaintiff shall resign from office as of August 13, 2016 due to an individual,” and submitted it to the Intervenor on July 27, 2016. On August 25, 2016, the Intervenor reported the Plaintiff’s loss of insured status as an employment insurance policyholder on the ground of voluntary withdrawal due to the Plaintiff’s personal circumstances. (c) The Plaintiff filed a report on the Plaintiff’s loss of insured status as an employment insurance policyholder on August 25, 2016.