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(영문) 수원지방법원 2020.09.11 2019나56708

손해배상(기)

Text

The judgment of the first instance, including the claims added in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs security business (special security business, etc.) and other business delegated by a state agency.

B. On March 1, 2015, the Defendant became the head of the Plaintiff’s management department, and around February 2016, the Defendant was appointed as the head of the Security Service and was in general in charge of the operation support and security affairs.

C. On February 9, 2017, the Plaintiff, at the Disciplinary Committee, decided to dismiss the Defendant for reasons of disciplinary action, such as the following [Attachment 1], and notified the Defendant that the dismissal will take effect as of March 8, 2017 (hereinafter “instant dismissal disposition”).

(1) Money and valuables shall be stolen from C (hereinafter “the ground for disciplinary action”) (2) by defraudation of dormitory rents (hereinafter “the ground for disciplinary action 2”) (hereinafter “the ground for disciplinary action”) (hereinafter “the ground for disciplinary action 3”) / [Attachment 1]

D. The Defendant, on the ground that the instant dismissal was unfair, filed an application for remedy with the Gyeonggi Regional Labor Relations Commission on the ground that the instant dismissal was unfair, but was dismissed on June 13, 2017, and again filed an application for reexamination with the National Labor Relations Commission, but was ruled dismissed on September 19, 2017.

E. Since then, the Defendant filed a lawsuit with the Seoul Administrative Court to revoke the appeal court for unfair dismissal, but the Seoul Administrative Court rendered a judgment dismissing the Defendant’s claim on May 30, 2019 on the ground that “the grounds for first-third disciplinary action are recognized, and the notification of dismissal is justifiable.”

[Ground of recognition] A without dispute, entry of evidence No. 48, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is as follows: (a) the Defendant suffered losses to the Plaintiff by embezzlement, such as embezzlement, as described below [Attachment 2] 1-4 [Attachment 2] and “amount of damage”; and (b) obtained unjust enrichment as indicated in [Attachment 5] and “amount of damage”.

(hereinafter referred to as “instant Claim 1 through 5”). Accordingly, the Defendant is liable to pay the Plaintiff the sum totaling KRW 26,389,828 with compensation for damages or restitution of unjust enrichment, and damages for delay thereof.

5. Serial.