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(영문) 서울고등법원 2015.07.24 2014나2050133

해고무효확인

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

The court's explanation of this case is next to the fifth 16th gate of the first instance judgment.

Part 13, paragraph 17, below.

Except for adding the contents of each paragraph, it is identical to the reasoning of the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act

Additional Part

1. In addition, the defendant made a decision of dismissal against C and D on the grounds of the same disciplinary cause as the plaintiffs, and notified them. The plaintiffs, C and D made an application for dismissal against the above dismissal measures to the Regional Labor Relations Commission. However, the Regional Labor Relations Commission rendered a decision dismissing the application for dismissal on August 28, 2012 on the grounds that the disciplinary cause was recognized and the disciplinary action is reasonable. Accordingly, the plaintiffs, C, and D applied for reexamination to the National Labor Relations Commission, but the National Labor Relations Commission rendered a decision dismissing the above application for reexamination on the same ground on December 10, 2012 (No. 2012.960). C and D filed a lawsuit with the Seoul Administrative Court against the above reexamination, and the Seoul Administrative Court rendered a decision dismissing the above dismissal on November 7, 2013 (former Decision 2013Gu2198). The Supreme Court dismissed the appeal by the Seoul High Court Decision 301Da216161 decided March 21, 2012.

2. No. 28 gambling amount, frequency of gambling, loss, and the number of months are as shown in the attached Form. (No. 20 evidence, the plaintiffs' gambling amount or loss in the appellate court's application case for unfair dismissal is confirmed by C and D's gambling amount or loss.