beta
(영문) 대전지방법원 천안지원 2018.07.13 2017가합100393

해고무효확인

Text

1. On June 15, 2015, the Defendant’s dismissal against the Plaintiff is confirmed to be null and void.

2. The Defendant on January 2015, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Defendant is a school foundation that establishes and operates a D University in the Boan-si based on C. 2) The Plaintiff was appointed as a member of the crew of Korea Aviation Co., Ltd. (hereinafter “Korea Aviation”), and as an E and an assistant professor, a new department of D University on March 1, 2011.

B. The Defendant’s dismissal disposition 1) The civil petition against the Plaintiff was filed at D University three times from October 2, 2014 to January 28, 2015, and D University’s investigation was conducted on civil petitions. 2) The Committee on Ethics of D University Staff decided to request the Plaintiff to dismiss the Plaintiff from the teachers’ disciplinary committee on four occasions from February 25, 2015 to April 8, 2015, and the said Committee passed a resolution on April 16, 2015.

On April 20, 2015, the president of the D University requested the Defendant to take disciplinary action against the Plaintiff.

3) On April 23, 2015, the Defendant: (a) held a meeting of the board of directors and decided to take disciplinary action against the Plaintiff as the original proposal; (b) accordingly, requested the Korea University Teachers’ Disciplinary Committee to take disciplinary action against the Plaintiff on April 29, 2015; (c) held a meeting on May 12, 2015 and May 26, 2015; (d) held the Plaintiff’s statement on May 26, 2015 (No. 2, No. 18-2, No. 18; hereinafter “instant Disciplinary Committee”); and (e) decided to take disciplinary action to dismiss the Plaintiff with the consent of all members, and notified the Defendant of the result of disciplinary action on the same day.

5. On the other hand, the disciplinary committee of this case decided the disciplinary action against the F&L and the associate professor G of the Safety and Health Department of D University in addition to the plaintiff. While serving as the chief of D University and Industry Cooperation Foundation for Venture Business Start-up Business, it falsely submitted the results of existing research as a new research task and induces the industry-academic cooperation foundation of D University.