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(영문) 서울고등법원 2005. 11. 24. 선고 2004누23669 판결

[부당해고구제재심판정취소][미간행]

Plaintiff and appellant

1. The term “the term “the term” means “the term” means “the term” means “the term” means “the term.

Defendant, Appellant

The Chairman of the National Labor Relations Commission

Intervenor joining the Defendant

Intervenor joining the Defendant

Conclusion of Pleadings

October 13, 2005

The first instance judgment

Seoul Administrative Court Decision 2004Guhap23117 decided Nov. 2, 2004

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.

Purport of claim and appeal

The judgment of the first instance shall be revoked.

On June 17, 2004, the National Labor Relations Commission revoked the decision of review made on the application for review of unfair dismissal between the plaintiff, the defendant joining the defendant, and the non-party 1 on June 17, 2003.

Reasons

1. Quotation of the reasons for the judgment of the first instance;

The reasoning of the judgment of the court in this case is that the following facts can be acknowledged in full view of the evidence of No. 38 and evidence of No. 16 through No. 19 in the judgment of the court of first instance, and evidence No. 3-1, No. 2 (Evidence No. 3-1, No. 2) through No. 5, evidence No. 7 through No. 22 (Evidence No. 9 is the same as evidence No. 4, and Evidence No. 19 is the same as evidence No. 1) of No. 2, evidence No. 2-1, and evidence No. 2-1, and witness No. 2 of the court of first instance, and the purport of the whole arguments in the testimony of Non-Party No. 2 of the court of first instance. 38 and the testimony of the above non-party No. 2 are insufficient to reverse it, and there is no different counter-proof evidence, and Article 7-2 of the 2 of the 2 of the 20th Civil Procedure Act is the "worker No. 18.

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

Judges Hong Sung-hee (Presiding Judge)