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(영문) 대전고등법원 2016.09.22 2015누12869

부당해고구제재심판정취소

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1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the case being cited or added by the following parts, and thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Part 5 of the judgment of the court of first instance (hereinafter referred to as “G”) in Part 4 as “stock company L,” each “Plaintiff” in Part 1, 7, 2, and 3 below, each “Plaintiff” in Part 6, 7, 7, 7, 2, and 3, 7, 5, 9, 6, and 10, each “this Court” in the part 10, and 10, each “court” in the part 5, 7, 9, and 10, and the “this Court” in the part 2 of the judgment of first instance as “court of first instance”.

B. Subsequent to the 7th page 11 of the judgment of the court of first instance, the following is added: “Written instruments used in preparing the part to be written” (Construction A). “F directors are different from those used in preparing other parts, including the part to be written.”

C. The following parts are added between the 8th and the 2nd of the judgment of the first instance.

“In the case where an intervenor did not have the signature or seal of the originator in the instant sales account book (A evidence No. 5-2), and the originator did not admit the authenticity by attending the court, so the said account book cannot be admitted as evidence because it is not admitted as a formal evidence. However, a private document may be admitted as evidence only when the authenticity is proven, but there is no special restriction as to the method of proof, and even when the document alleged as a site does not prove its establishment, the court may recognize its establishment by taking account of the overall purport of the pleadings without other evidence (see Supreme Court Decision 92Da12070, Apr. 13, 1993). The appearance, form, content, and whole purport of the testimony and pleading of the witness witness D in the first instance trial.