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(영문) 서울동부지방법원 2018.12.13 2018가합102223

해고무효확인

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is a local public enterprise established pursuant to Article 76 of the Local Public Enterprises Act and the Songpa-gu Seoul Metropolitan Government Ordinance on the Establishment and Operation of the Facilities Management Corporation.

The plaintiff was employed by the defendant on August 1, 2008, and before being dismissed, the plaintiff is a worker who performed the duty of collecting parking fees in the B parking lot managed by the defendant.

B. (1) On June 27, 2017, the Defendant held a personnel committee and decided to dismiss the Plaintiff, and notified the Plaintiff of the dismissal on June 30, 2017.

(2) On August 9, 2017, the Plaintiff filed a petition for reexamination against the instant dismissal. However, on August 11, 2017, the Defendant held a personnel committee to resolve to dismiss the Plaintiff as identical to the lower court and notified the Plaintiff of the dismissal on August 11, 2017.

(3) The grounds for the Defendant’s dismissal of the Plaintiff are as follows: (a) the Defendant, without justifiable reasons, applies a discount to the vehicles that are in the interest of discount intentionally and repeatedly; and (b) the total amount of KRW 3,698 cases 8,580,100 to the public funds embezzlement.

C. Relevant provisions that the Defendant is the basis of the instant dismissal are as follows.

Article 6 (Duty of Good Faith) of the Employment Regulations shall comply with the relevant Acts and subordinate statutes, municipal ordinances, the regulations of the Corporation, and official orders or directions, and shall faithfully perform the duties assigned.

Article 8 (Duty to Maintain Dignity, etc.) (1) No employee shall commit any act detrimental to the honor and dignity of the Service, regardless of whether he/she performs his/her duties or not.

(2) Employees shall handle duties in kind, fairly and accurately, regardless of whether they are public official or private.

Article 11 (Duty of Omission) No personnel shall do any of the following acts:

1. Where he/she damages the honor or prestige of the Corporation or inflicts damage on it;

8. Where it falls under any of the following subparagraphs of Article 49 (Disciplinary Action) of the Regulations on Personnel Management of Acts Contrary to Official Order:

1. When he/she violates an order for duties;