해고무효확인 등
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal on the defect in disciplinary procedure
A. Article 27 of the Labor Standards Act provides that where an employer intends to dismiss a worker, the employer shall be notified in writing of the grounds for and time of the dismissal.
The purpose of this is to ensure that the employer is careful to dismiss workers through written notification of reasons for dismissal, etc., and that disputes surrounding dismissal can be settled in an appropriate and easy way by clarifying the existence, time and reason of dismissal after the dismissal, and that workers can properly respond to dismissal.
Therefore, when the employer notifies the reasons for dismissal in writing, he/she should be able to specifically know what the reasons for dismissal are in the worker's position, and in particular, in the case of disciplinary dismissal, the detailed facts or irregularities that form the substantial reasons for dismissal should be stated
However, if a person subject to dismissal is already aware of the grounds for dismissal and can sufficiently respond to them, it cannot be said that the dismissal notice violates the above provision even if the dismissal notice does not contain detailed grounds for disciplinary action such as neglecting the grounds for dismissal.
(See Supreme Court Decision 2012Da81609 Decided December 24, 2012). B.
The judgment below
According to the reasoning and the evidence duly admitted, the following facts are revealed.
(1) 원고는 2012. 5. 27.경 I닷컴(http://I)을 개설하여 팟캐스트 방송인 ‘I’ 및 뉴스기사 등을 제공하였는데, 2012. 5. 27.경부터 2012. 12. 17.경까지 위 ‘I’의 음성 팟캐스트 방송 ’L‘에 36회, 동영상 팟캐스트 방송 ‘M’에 16회 이상 각 출연하였다.
(2) On December 17, 2012, the Plaintiff’s name of its Twitter account D and Twitter account.