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(영문) 서울고등법원 2019.05.17 2018나2044471

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 Plaintiff’s ground of appeal cited in the judgment of the court of first instance is that (i) the dismissal of the instant case was erroneous by failing to fully investigate the CCTV, hearing witness’s statements, and (ii) the Plaintiff’s procedural rights have not been guaranteed (the existence of procedural defects); (iii) in light of objective data such as CCTV images, company access records, witness statements, etc., the existence of the instant ground of appeal cannot be acknowledged due to lack of credibility in the victim’s statements; or (iv) it constitutes a ground of disciplinary action, such as sexual harassment on the job, etc. (non-existence of the ground of disciplinary action).

The plaintiff's ground of appeal is not different from the argument in the first instance court, and even if the evidence submitted in the first instance court was presented to this court, the fact-finding and judgment in the first instance court are justified. Thus, this cannot be followed.

Therefore, the reasoning for the court’s explanation on the instant case is that of the first instance judgment, except where “ July 27, 2017,” the fourth 8th th 8th 201 of the judgment of the first instance is “ August 3, 2017,” and thus, it is identical to that of the first instance judgment. Therefore, it is acceptable in accordance with the main sentence of Article 420 of

2. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal against it is dismissed as it is without merit. It is so decided as per Disposition.