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(영문) 서울고등법원 2019.04.05 2018누58853

부당해고구제재심판정취소

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 at the trial of the first instance do not differ significantly from the contents of the Plaintiff’s assertion at the trial of the first instance. However, even after examining the Plaintiff’s assertion together with the evidence submitted at the first instance court, the lower court’s findings of fact and determination of the first instance court that deemed that the instant judgment was justifiable on the ground that (i) the Plaintiff’s failure to perform an accounting audit; (ii) failure to receive defect repair performance securities after the construction; and (iii) failure to perform all the administrative affairs of the administrative office constitutes justifiable grounds for disciplinary action; and

Therefore, the reasoning of the judgment of the court on this case is as stated in the reasoning of the judgment of the court of first instance, except for the following cases, and thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[Supplementary part] On June 13, 2016, the portion of the first instance judgment was dismissed as follows: “As of June 13, 2013,” “as of June 13, 2016,” and “as of June 13, 2016.”

The first instance court's 4th page 21, "the plaintiff, etc." is regarded as "the intervenor, etc.".

In the first instance judgment, the 7th 15th 16th 7th 16th 16th 16th 201, “the Plaintiff sent a letter of official notice of personnel order and automatic retirement notification to the intervenors by disciplinary action, and attached a written resolution, a statement of grounds for disciplinary action, and a written personnel order.” The reason column of the written explanation of grounds for disciplinary action is as follows: “The same as a copy of a written resolution on disciplinary action.”

On the eight pages of the judgment of the first instance court, " January 11, 2017" in the last sentence shall be deemed " January 12, 2017".

The judgment of the first instance court’s nine pages 2 of the first instance judgment “ July 14, 2017” shall be deemed as “ July 4, 2017.”

In the judgment of the court of first instance, the "13 and No. 13" of the judgment of the court of first instance is deemed to be "No. 13".

Grounds of the judgment of the first instance 2-

D. 1)(b)(1)(2)(2)(2)(2)(2)(2)(3)(2)(3)(2)(3)(2)(2)(3)(2)(3)(2)

The testimony of the witness G of the first instance court, as well as the aforementioned facts and the evidence set forth above, Gap evidence 4, Eul 7, Eul 13, 23, and 27.