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(영문) 서울행정법원 2017.03.23 2016구합62085

부당해고구제재심판정취소

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1. The National Labor Relations Commission shall apply for re-adjudication on the unfair dismissal of a new bank (No. 2015, the Central 1360) on March 17, 2016.

Reasons

1. Details of the decision on retrial;

A. The Defendant Intervenor joining the Plaintiff on March 1, 1996 (hereinafter “ Intervenor”) served as a general manager on the overall foreign exchange affairs, including credit and transactions, export and import, etc., of a corporation and an individual company as a person in charge of defense at D points from July 25, 2013 through B points, C points, etc. < Amended by Act No. 11613, Jul. 25, 2013>

B. On January 9, 2015, the Plaintiff Exchange Business Department sent to the regular auditor’s office an opinion that the number of outstanding bills of exchange purchased by the Intervenor is high and considerable amount of financial accidents is likely to occur.

On February 24, 2015, the Plaintiff (hereinafter “instant audit”) conducted sector audits at D points, and used revenue stamps related to collective loans received from the Plaintiff E branch without the approval of the head of the business shop, which is the right holder to make a decision, and purchased export bills without the approval of the head of the business shop, and made 13 export bills ($ 1,835,860 in total on face value) of which the 13th export bills ($ 1,835,860 in total on face value) among which the Plaintiff purchased export bills at will, and did not take appropriate measures to preserve claims.

C. On May 19, 2015, based on the above audit results, the Plaintiff notified the Intervenor of the holding of the personnel committee, and the Intervenor submitted a written vindication to the personnel committee on May 21, 2015.

Plaintiff

On May 28, 2015, the Personnel Committee made a withdrawal of KRW 1,045,00 for revenue stamps transferred from Plaintiff E on November 12, 2013 in cash, and used them for living expenses and entertainment expenses until December 30, 2013 (hereinafter referred to as “use of the revenue stamps in this case”) and “an intervenor” purchased a bill of exchange from F for export from August 5, 2013 to June 5, 2014, three export bills are approved by the business owner, who has the discretionary authority.