부당징계구제재심판정취소
1. All appeals filed by the Plaintiff, the Defendant, and the Intervenor are dismissed.
2. The costs of appeal shall be borne respectively by each party.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) adding a judgment on matters asserted in the court of first instance as to the dismissal of unfair labor practices under paragraph (2) below; and (b) changing part of the reasoning of the court of first instance as to the issue of unfair labor practices under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Determination as to the improper dismissal
A. The gist of the Plaintiff’s assertion is that the Intervenor dismissed the Plaintiff, taking into account the following circumstances: (a) the Intervenor deemed obscene materials using the PC for business during working hours; (b) the Plaintiff’s negligence in supervising interview examinations; and (c) the Plaintiff received a warning from the president; and (d) disregarded his superior’s instructions or was not involved in collective activities; and (c) the Plaintiff’
B. 1) In a case where the rules of employment or disciplinary regulations stipulate that disciplinary action against a worker shall be conducted through a resolution of the disciplinary committee, the propriety of the disciplinary action shall be determined by the disciplinary committee based on the grounds which were the grounds for disciplinary action (see, e.g., Supreme Court Decisions 86Da204, 86Meu1035, Dec. 13, 198; 94Nu1180, Mar. 10, 195; 96Nu894, Mar. 27, 1998; the first reason for dismissal against a participant shall be determined by the disciplinary committee; the minutes of the meeting shall be prepared as if the intervenor was lawfully held even though the intervenor did not hold a meeting with respect to the election of a university members; and the reason for dismissal against a participant shall not be deemed as having been newly held by the research assistant on behalf of a representative; and it shall not be deemed as the basis for social order or attitude of obscene work.