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(영문) 서울고등법원 2017.10.13 2017누57488

부당해고구제재심판정취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasons why this part of the decision in the retrial is to be written by the court are as follows: “The plaintiff appealeds against it and the case is continuing to be by the Jeonju District Court 2017No392, the previous District Court 2017No392” under the fifth below of the decision in the first instance; “The plaintiff appealeds against it (the Jeonju District Court 2017No392, Jul. 24, 2017, which was sentenced to the dismissal of appeal on July 24, 2017, which became final and conclusive on August 1, 2017, which became final and conclusive on August 1, 2017).” This part of the decision in the first instance is to be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the addition of the following parts in the second half [based

【Supplementary Part】 The Intervenor’s “Rules on Disciplinary Action against Members of the Union, Disciplinary Action against Members of the Union, etc.” (hereinafter “Rules on Disciplinary Action”).

Article 14 (Determination of Disciplinary Action) (1) of the Working Rules on the Handling of Affairs concerning the Change of Members Association, Disciplinary Action, etc. (1) The determination of disciplinary action shall be operated in accordance with the grounds falling under any of the following subparagraphs and the criteria for disciplinary action under the attached Table:

2. Size of an accident and whether to compensate for losses;

3. Whether efforts are made to control accidents and reduce losses after the occurrence of accidents;

4. Whether an accident has occurred due to force majeure.

5. Whether or not there exists any fact that the reputation of the cooperative has been damaged by causing significant social water, or that the agricultural cooperative has injured public confidence in the whole agricultural cooperative;

6. Whether a person to be disciplined has committed a usual working attitude, merits, previous conviction, and whether there exists any fact of disciplinary action in the past;

7. Where a person subject to disciplinary action has rendered any of the following meritorious services, such as motives of unlawful or unfair acts, external factors, etc. (1) The amount of disciplinary action may be mitigated in accordance with the criteria for disciplinary action prescribed in attached Table:

In such cases, the details shall be determined by the internal operational standards of the request for disciplinary action.

the same meritorious service.