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(영문) 서울고등법원 2019.01.11 2017누72708

부당징계구제재심판정취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. The contents of the Plaintiff’s assertion in this court are not significantly different from the contents of the Plaintiff’s assertion in the first instance court, and even if the Plaintiff’s assertion is reviewed together with the evidence submitted in the first instance court and the first instance court, it constitutes an illegal industrial action against the instant strike. The Plaintiff’s planning intention or instigates the instant strike as a member of the Central Committee for Countermeasures against Disputes and the Chairperson of the Korea Local Headquarters in the status of the head of Honam Local Headquarters under the management of the Intervenor constitutes the grounds for disciplinary action under Article 52 subparag. 1 through 5 of the Intervenor’s personnel regulations, and the judgment of the first instance court that deemed reasonable for the Plaintiff’s dismissal

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit. Since the judgment of the court of first instance is just, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.