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(영문) 서울행정법원 2018.02.09 2017구합54548

부당해고구제재심판정취소

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1. On January 5, 2017, the National Labor Relations Commission rendered unfair relief between the Plaintiff and the Defendant’s Intervenor on January 5, 2016.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was established for the purpose of enhancing the agricultural productivity of farmers and promoting the expansion and facilitation of the distribution of agricultural products produced by its members pursuant to the Agricultural Cooperatives Act, and providing technology, funds, information, etc. necessary for its members, and carried out credit business such as fund loans. Since joining the Intervenor on February 1, 1995, the Plaintiff was carrying out the loan business as the Deputy Director after becoming a member of the Intervenor.

1. On December 28, 2009, the head of the division C dealt with the credit loans of KRW 1 billion and KRW 300 million in excess of KRW 1,090,984,000,000,000 as the deduction of senior credit (hereinafter “the first loan of this case”) by additionally dealing with the credit loans of KRW 1 billion and KRW 300,000,000,000,000,000,000,000,000 won, after the deduction of senior credit (hereinafter “the first loan of this case”), and as a result, he/she is liable to approve the fact that the excess loan of KRW 1,394,692

2. On June 29, 2010, by applying the collateral recognition ratio to the loan of KRW 1.6 billion to G by up to 10% at the time of loan of KRW 1.6 billion as collateral, but 85% higher than 20%, a loan exceeding 274,192,00 won (hereinafter “instant loan”) was overdue due to overdue loans, and there is a responsibility to approve the fact that the loan was overdue after the auction of real estate amounting to 5.17,200 won as a result of the real estate auction (the book amount: KRW 274,192,00).

B. On September 23, 2015, the Intervenor held a personnel committee and notified the Plaintiff of the six-month disciplinary action of suspension from office (hereinafter “instant previous disposition”) and the compensation amounting to KRW 160,300,000, not later than November 16, 2015 for the following reasons.

C. An intervenor who did not pay the indemnity by the date determined by the Plaintiff, paid the indemnity to the Plaintiff on November 18, 2015 and February 11, 2016, and did not implement it.