beta
(영문) 서울고등법원 2015.05.14 2014누68371

부당해고구제재심판정취소

Text

1. The plaintiff's appeal is dismissed.

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

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) addition to the "Regulations on the Enforcement of Personnel Regulations" in the attached Form No. 1 of the judgment of the court of first instance; and (b) addition to the judgment on the matters asserted by the plaintiff in the court of first instance, the reasoning of the judgment is as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act

2. Determination on the additional argument in the trial

A. On October 8, 2013, the Plaintiff’s assertion on the illegality of the disciplinary procedure against the Plaintiff was concluded on October 15, 2013, following the Intervenor’s request for the measures of the Intervenor’s Audit Committee to be taken on two occasions on October 8, 2013. This is due to the Plaintiff’s awareness of the inspection of state affairs scheduled on October 17, 2013 and led to the instant disciplinary procedure. As can be seen, the Plaintiff’s defense and right to participate in the procedure was infringed on due to the Plaintiff’s failure to vindicate the Plaintiff’s act through sufficient preparation and obtain adequate opportunity to vindicate the Plaintiff’s position. (ii) The Plaintiff’s request for the measures of the Intervenor’s Audit Committee against the Plaintiff was not submitted.

B. According to the overall purport of evidence Nos. 1, 2, and 5-1, 2, 3-3, 10, 12, 13, and 15-1, 3-2, and 3-3, 10, 12-13, and 15 of the Plaintiff’s assertion of infringement of the Plaintiff’s right to defense and right to participate in the procedure, the Intervenor’s audit room shall receive a civil petition on October 4, 2013, hear the Plaintiff’s statement and request the president to take measures for specific audit on October 8, 2013, after hearing the Plaintiff’s statement. The Intervenor’s chairperson of the personnel committee notifies the Plaintiff of the attendance at the meeting designated by the personnel committee on October 11, 2013, and the Intervenor’s personnel committee shall notify the Plaintiff of the attendance on October 16, 200 on October 13, 2013.