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(영문) 서울고등법원 2015.04.03 2014나2020057

해고무효확인

Text

1.Paragraph 2 of the order of the judgment of the first instance shall, upon a claim expanded in the trial, be amended as follows:

The defendant.

Reasons

1. With respect to the claim for confirmation of nullity of recognition and dismissal, this part of the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance, except for the corresponding part of the judgment of the court of first instance as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article

From 2 pages to 3, “Defendant” shall be read as “C”, and from the bottom to 2,3 “Defendant’s Personnel Committee” shall be read as “C Personnel Committee”, respectively, and from the bottom to 3, a “Defendant” shall be read as “Defendants and C,” respectively. In 3, a “work site” shall be deleted.

4. At the bottom of the 4th parallel "10" shall be raised to "12".

The 5th 7rd 7rd knives "entry and exit for entry" shall be regarded as "entry and exit for entry and exit".

The part of the 6th 4th 4th 9 parallel care is as follows.

(1) The court below held that the plaintiff's use of the parking fee exemption card from the defendant's entry reporter constitutes an act of corruption under Article 2 subparagraph 4 (a) of the Act on the Prevention of Corruption and the Establishment and Operation of Anti-Corruption and Civil Rights Commission. However, according to the overall purport of the statements and arguments No. 16, 42, and 43, it appears that the plaintiff received and used the parking fee exemption card from a person who has a personal-friendly relationship without any connection with his/her duties. The plaintiff's above act cannot be concluded to constitute "an act of abusing his/her status or authority related to his/her duties or promoting the interests of himself/herself or a third party in violation of the statutes," and therefore, the "Enforcement Rule of the Personnel Management Regulations" of 5 below the 8th page of the above provision is "Enforcement Rule

Article 7-2 of the Enforcement Rule of the Personnel Regulations (Enforcement Rule of July 25, 2012) provides that “The minimum standard for each disciplinary measure applicable to the Plaintiff’s grounds for disciplinary action is a reprimand or salary reduction,” and Article 7-2 provides that “The minimum standard for each disciplinary measure applicable to the Plaintiff’s grounds for disciplinary action is a reprimand or salary reduction.”

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