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(영문) 서울행정법원 2014.03.06 2013구합13761

부당해고구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a regional agricultural cooperative under Article 13 of the former Agricultural Cooperatives Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Agricultural Cooperatives Act”); and the Plaintiff was enrolled in the Intervenor on December 1, 1983 and was in charge of vehicle operation and delivery of agricultural products.

B. On May 24, 2012, the Plaintiff worked in the future of Incheon Apartment, a place for delivery of rice, around 11:30 a.m. as of May 24, 2012.

The principal of the Intervenor’s partnership was 17:30 on the same day to the Plaintiff, and the Plaintiff stated that “the Plaintiff was treated by D Hospital because food was drinking on the previous day.”

C. On May 25, 2012, the Intervenor’s president stated that “The Plaintiff did not have any record of hospitalization and medical treatment by telephone to the hospital, and there was no record of medical treatment,” and the Plaintiff stated that “A student was provided with medical treatment, and that “A student was confirmed by the head of the office of the hospital,” the Plaintiff stated that “A student was confirmed by the head of the office of the hospital.”

Accordingly, the Intervenor’s former affairs and the head of the general affairs team visited the D Hospital to request the head of the office of the said hospital to confirm the fact that the Plaintiff received medical treatment, but the head of the above office did not make a clear answer to the Plaintiff, stating that “I would like to hear a talk, other than elementary school students.”

On May 31, 2012, the president of the Intervenor stated to the Plaintiff that “in case of hospitalization and treatment, it would result in the Plaintiff’s certificate of hospitalization and treatment.”

On June 1, 2012, the Plaintiff sent out to the Intervenor’s workplace on June 1, 2012, and went out to the hospital, but did not bring about a certificate of hospitalization and medical treatment, and the Intervenor’s president stated that “When the Plaintiff received medical treatment, it would be necessary to do so.”

E. On June 12, 2012, the Intervenor filed a false report on May 24, 2012, “the Plaintiff shall be dismissed without permission and make a false report, and on June 1, 2012, the Intervenor’s combination of the Plaintiff’s respective acts and actions, thereby infringing upon the Intervenor’s principal of the partnership (hereinafter “Disciplinary Reason 1”).