부당해고및부당노동행위구제재심판정취소
1. The Defendant and the Intervenor’s Intervenor’s appeal are dismissed.
2. The portion resulting from the participation in the appeal costs.
1. The reasoning of the judgment of the court of first instance, which cited this case, is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing this case as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article
[Additional Decision] The defendant and the intervenor asserts to the effect that a disciplinary decision on dismissal of the case is appropriate in light of the following: (a) the intention of the act of misconduct in this case is obvious and serious in the trial; (b) the plaintiff's substantial interest was secured by personal interests rather than improving workers' status; and (c) the plaintiff's continued service in the intervenor company may disrupt the intervenor company's labor-management order.
The intervenor asserts that the establishment of a trade union and the chairperson's activities that were not determined by the first instance court should be added to the grounds for disciplinary action.
However, according to the evidence No. 2 of this case, the National Labor Relations Commission recognized only the Plaintiff’s corporate defamation and political neutrality as the grounds for disciplinary action, and determined that the disciplinary action is appropriate.
According to this, the intervenor's above assertion cannot be accepted by adding a new reason that is not recognized as identical to the administrative agency's disposition reason and basic facts. The dismissal disposition is justified in cases where there are reasons for an employee's responsibility to the extent that it is not possible to continue the employment relationship with the employee concerned under social norms. Whether it is impossible to continue the employment relationship with the employee concerned under social norms shall be determined by comprehensively examining various circumstances, including the purpose and nature of the employer concerned, the conditions of the workplace concerned, the status of the employee concerned, the contents of the duties in charge, the motive and circumstance of the misconduct, the impact on the company's business order, and the past attitude of employment.