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(영문) 서울중앙지방법원 2014.10.24 2014가합529681

해고무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s work experience 1) The educational system of C University was reorganized from 2009 to 6 years from 2009 to 6 years (so-called “the 24-year system”). Unlike the existing one, the two-year course of the university was completed (pre-determined) (hereinafter “D”).

(2) On July 1, 2010, the Defendant was established on July 1, 2010 for the purpose of research on the C Educational System and its operation, including the implementation of D, and thereafter, the Defendant was designated from the Ministry of Education as the institution in charge of D enforcement and management, and was in charge of the first instance examination around August 2010. 2) Meanwhile, the Plaintiff, upon the request of the president at the time of the establishment of the Defendant, provided support for D applicants’ qualification examination from July 1, 2010 to E at the time of the establishment of the Defendant, was working as the secretariat after concluding a labor contract with the Defendant on October 1 of the same year.

B. (1) The Ministry of Education may conduct on-site inspections on the Defendant for two days from December 16, 2012 (hereinafter “on-site inspections”).

As a result of the Company’s implementation, the following “improvements” and “Corrections” were notified. In particular, in the process: ① for E and F, for which the Defendant’s chief director and director were in office, the Defendant’s budget for business promotion expenses were used voluntarily without verifying the purpose and procedure of use, and managed accounts by distributed to various accounts; and on the other hand, for G, 30 million won was subsidized as operating expenses, and the expenses were excessively appropriated for expenses.

“The Defendant accused the prosecution on the charges of occupational embezzlement, etc. on the grounds of the following: (2) The Plaintiff requested the Defendant to take heavy disciplinary measures on the grounds of the following: (a) failure to manage fundamental property and improper accounting, (b) failure to purchase real estate, and (c) failure to pay value-added tax.

Ⅰ.Management of basic property and operational property related to the accounting of improved matters, separately from the management profit-making business account and the purpose business account - application fees.