해고무효확인 등
All appeals are dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal No. 1, the lower court determined that the Defendant’s disciplinary dismissal of each of the instant disciplinary measures against the Plaintiffs was unlawful in violation of Article 27 of the Labor Standards Act, each of the instant disciplinary measures, which lacks procedural justification, and thus null and void.
Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.
There is no error of law by misunderstanding the legal principles on the violation of the duty to notify written reasons for dismissal and the remedy of defects under Article 27 of the Labor Standards Act.
2. On the ground of appeal No. 3, the lower court determined that the Defendant’s ground of appeal on July 30, 2010 against Plaintiff A does not constitute a ground of disciplinary action, or even if the ground of the Defendant’s salary reduction disposition against Plaintiff A does not constitute a ground of disciplinary action, the above salary reduction disposition is null and void since it abused the right of disciplinary discretion, and that the part of the ground of dismissal against Plaintiff A, “where he was subject to more than twice for the last three years, he did not have any change in the name,” among the grounds of dismissal against Plaintiff A,
Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.
In doing so, there is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on the legitimacy of the grounds for disciplinary action.
3. As to the grounds of appeal Nos. 2 and 4, the lower court, on the grounds as stated in its reasoning, determined that the dismissal of each of the instant disciplinary measures against the Plaintiffs was null and void as an illegal disposition that deviates from and abused the scope of its discretionary power by significantly losing legitimacy
Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.
In doing so, the court did not exhaust all necessary deliberations.