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(영문) 인천지방법원부천지원 2015.09.04 2015가합310

해고무효확인 및 임금

Text

1. We affirm that the Defendant’s dismissal of the Plaintiff on December 31, 2014 against the Plaintiff is null and void.

2. The defendant shall be the plaintiff.

a. 14,890.

Reasons

1. Basic facts

A. The parties concerned are foundations established with the purpose of establishing and operating nursery facilities, and the Plaintiff served as a life counselor in C, which is a child care center under the Defendant, from November 1, 2013.

B. The Defendant’s disciplinary action C, as of June 27, 2014, July 29, 2014, and September 23, 2014, against the Plaintiff, held a disciplinary committee on June 27, 2014 according to the Defendant’s request for disciplinary action, and issued a warning (hereinafter “the first disciplinary action”) to the Plaintiff on the same facts by holding a disciplinary committee on November 23, 2013, under the Defendant’s direction for re-convening the disciplinary committee.

Then, C held a disciplinary committee on September 23, 2014 according to the Defendant’s request for a disciplinary decision, and held a disciplinary action on August 30, 2014 against the Plaintiff as to the fact that the strike was to teared to the part of E, a child of C, according to the Defendant’s request for a disciplinary decision. (hereinafter “the second disciplinary action”).

C. On June 16, 2014, the Plaintiff filed a complaint against F, G, H, and I. On the other hand, the Defendant sent to C an official letter stating that “A disciplinary measure is taken in accordance with the Foundation Operational Rules in the case of an act of violence against C” containing personal information, such as the Plaintiff’s photograph, name, date of birth, etc., and subsequently, on September 17, 2014, the Defendant sent to C an official letter stating that “A disciplinary measure is taken in accordance with the Foundation Operational Rules” was “A measure in accordance with the instant official letter” (hereinafter “instant official document”) with the Plaintiff’s name stated on September 17, 2014.

Accordingly, on November 3, 2014, the Plaintiff sent the instant public text to C by F, G, and C’s auditor H, and C’s president (hereinafter “Defendants”).