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(영문) 서울고등법원 2015.09.23 2015나2037595

해고무효확인

Text

1. The plaintiff's appeal and the appellate court's additional claims are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On September 1, 1989, the Plaintiff joined the Defendant company and was in charge of technical work related to the operation, maintenance, and repair of the radio communication base station. On December 18, 2013, the Defendant issued a transfer order to the Plaintiff to work at the B Team established at the headquarters in the Seoul metropolitan area (hereinafter “instant transfer order”).

B. On April 7, 2014, the head of the Defendant’s C head of the team, who was affiliated with the Defendant, left the workplace without justifiable grounds, such as the Plaintiff’s absence from work without permission, dismissal, etc., during the period from January 2014 to April 2014. On February 24, 2014, the Plaintiff demanded disciplinary action against the Plaintiff on the ground that the Plaintiff committed an act of violation of the regulations, such as temporary dismissal and early retirement, even after submitting a written statement of reasons for the removal from the workplace. On the same day, the Chairperson of the Disciplinary Personnel Committee notified the Plaintiff on April 10, 2014.

C. On April 10, 2014, the Disciplinary Personnel Committee decided to dismiss the Plaintiff for disciplinary dismissal on the following grounds, and notified the Plaintiff of disciplinary dismissal on April 18, 2014.

(hereinafter “instant disciplinary dismissal”);

1. Disciplinary reasons: Absence without permission, neglect, leaving a workplace without justifiable grounds, neglecting duties, and verbal abuse, etc. of his/her superior;

(a) The same year from January 20, 2014 to the same year was habitually absent from work, repeated absence from work, leave of absence, etc., and left work without good cause.

4. 3. Unauthorized absence from office: One time, 31 times each page, and 32 times each time; and

(b) has been locked or gameed during working hours, and has been able to actively respond, if inside and outside by the customer, but has neglected to work, such as raining;

(c)be engaged in abusive language, such as abusive language with the head of the department and a telephone ( April 9, 2014);

A person's annual salary was disclosed to the public to violate the salary regulations.

2. Matters concerning violation of the bylaws;

(a) Article 4.1 (Duties of Members) of the Employment Regulations - 4.1 (Duty of Good Faith): Members shall comply with and be assigned to law and private rules;