부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.
On August 18, 1983, the Plaintiff was employed by the D University established and operated by the Intervenor (the name of the Intervenor was “School Foundation C” at the time, but the name was changed to “School Foundation B” on March 18, 2013 during the proceeding of the instant lawsuit, and served as the principle of exaggeration of the D University Museum.
On November 201, the plaintiff revealed that the plaintiff provided money and valuables to the chairperson of the intervenor and the president of the D University through conscience confession and the press conference.
Accordingly, on March 16, 2012, the Intervenor convened the Disciplinary Committee of the Plaintiff, and the said Disciplinary Committee decided to dismiss the Plaintiff (hereinafter “instant dismissal”) by deeming that the Plaintiff’s act of delivering money and valuables was conducted in return for personnel solicitation.
The plaintiff's misconduct committed by the disciplinary committee of the intervenor shall be as follows:
On September 2010, the Plaintiff’s act of delivering KRW 5 million to E by the Intervenor’s president around September 201, delivered to E a check the Plaintiff’s president at the early January 201, the Plaintiff’s act of delivering to F of D University the Hanwon gift certificates amounting to one million won and three million won gift certificates and the Plaintiff’s act of delivering the said removal on March 23, 2012, and filed a request for reexamination with the Intervenor on March 27, 2012.
On July 24, 2012, the intervenor decided to suspend the review procedure until the result of the investigation by the prosecution, on the ground that the plaintiff's above disciplinary action is under investigation.
In addition, on March 23, 2012, the Plaintiff filed an application for remedy against the Seoul Regional Labor Relations Commission by asserting that the dismissal of the instant case was unfair, but the Seoul Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on May 25, 2012.
On June 13, 2012, the Plaintiff filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on September 18, 2012 (hereinafter “instant decision on reexamination”).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3 (including virtual number), Eul evidence No. 2, and arguments.