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(영문) 인천지방법원 2017.11.01 2017가단16050

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 27, 2014, the Plaintiff asserted that the Defendant: (a) issued a disposition of ex officio dismissal on the Plaintiff without justifiable grounds; (b) revoked the disposition of ex officio dismissal on March 21, 2016; and (c) decided to reinstate the Plaintiff; (c) thus, the Defendant is obligated to pay consolation money of KRW 20,00,000 for mental damage that the Plaintiff sustained during the said period for one year and four months; and (d) to post a letter of apology in the name of the president of the association, who is the representative of the Defendant, on the KSP, in order to

2. One-time, in a case where it is judged that an employer’s unfavorable disposition, such as dismissal of workers, is null and void, such dismissal, etc., immediately constitutes a tort, solely on such grounds, and it is objectively clear that the employer intentionally mobilized the means of disciplinary action on the ground of a certain nominal dismissal, etc. at the workplace without any grounds for disciplinary dismissal against workers, or that certain facts on the ground of dismissal, etc. do not constitute a ground for disciplinary action, such as rules of employment, or cannot constitute a ground for disciplinary action, and if he paid attention, he/she could easily find such circumstances if he/she did not go through a legitimate procedure, even if he/she did not go through a unfavorable disposition such as discipline, or if the employer did not go through a legitimate procedure, it is established as tort (see, e.g., Supreme Court Decision 95Da24821, Jan. 21, 1997). In light of the above legal principles, in light of the above legal principles, the Defendant’s loan and its entire evidence Nos. 1 to 21 to 320 and evidence No. 1. 21.