beta
(영문) 서울서부지방법원 2017.03.30 2015가합38200

해고무효확인

Text

1. The Defendant’s dismissal against the Plaintiff on November 13, 2015 confirms that it is null and void.

2. The defendant shall make the plaintiff 1,000.

Reasons

1. Facts of recognition;

A. The Defendant (former C Co., Ltd.) is a company whose purpose is to import and sell animal medicine, etc., and the Plaintiff was employed from February 1, 2002 by joining the Defendant from around February 1, 2002 to work as the head of the team in the division of the business and the class director.

B. On October 17, 2014, the Defendant notified the Plaintiff that the Plaintiff would be present at the personnel committee held on October 23, 2014, on the ground that “Around March 2013, with respect to the agency golf hosting related, the exercise cost claim conducted through Agency in 2011 to 2012, and the government payment are not consistent with the company’s regulations and the Our val value,” and that the Plaintiff would not be subject to disciplinary action from November 23, 2014. In the personnel committee held on October 23, 2014, the Defendant excluded the Plaintiff from the Plaintiff’s promotion of the following disciplinary action (hereinafter “the next disciplinary action”).

(2) On January 19, 2015, the Plaintiff asserted that the first disciplinary action violated the procedure prescribed by the rules of employment regarding the notice of attendance of the disciplinary committee, and the Defendant withdrawn the first disciplinary action on or around January 19, 2015.

C. Around January 21, 2015, the Defendant issued a disciplinary action (hereinafter “second disciplinary action”) against the Plaintiff on the following grounds: (a) around January 21, 2015, the Defendant issued a written or oral notice to the personnel committee to the effect that “the personnel committee will hold in relation to government payment, Jeju-do event, contact expenses, and Durging, and may attend and vindicate the committee in writing or orally.” Accordingly, the personnel committee was held on January 29, 2015; and (b) the Defendant issued a disciplinary action against the Plaintiff on February 23, 2015, including “the Plaintiff’s demotion as of February 25, 2015, reduction of 10% benefits, and exclusion from the payment of SIP/ QIP (NBB)” (hereinafter “second disciplinary action”).

(2) The Plaintiff filed a lawsuit with the Seoul Western District Court, including nullification of the disciplinary action against the Defendant.