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(영문) 서울중앙지방법원 2017.04.07 2016가합542282

해고무효확인

Text

1. On October 29, 2015, the Defendant’s dismissal against the Plaintiff on October 29, 2015 confirms that the dismissal is void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is a juristic person established pursuant to the “C Promotion and C Park Creation Act,” which employs 80 full-time workers, and is engaged in business activities, such as training of C leaders and overseas dispatch, etc. through the examination of goods and prizes by C, the training and education of C leaders. The Plaintiff is a person dismissed by the Defendant on October 29, 201, while entering the Defendant on March 25, 2004 and serving as the Secretary General from July 11, 201 to October 29, 2015.

B. The Plaintiff and the Defendant were the Secretary-General of the Organizing Committee of the “D” jointly held from August 21, 2014 to August 24, 2014, and was one of nine evaluators for the selection of service providers for the opening and closing of the said Games.

On July 24, 2014, the Plaintiff discarded the existing evaluation table prepared by the evaluation committee members to a specific enterprise in the bidding procedure for the selection of the above agency, and arbitrarily prepared the evaluation table stating the highest points to the above agency, and the said agency selected the service company as the service company.

C. On August 29, 2014, the Defendant organized the Fact-finding committee and investigated specific facts, and on September 18, 2014, based on the fact that the Plaintiff committed a wrongful act to change the evaluation table after the bidding, but did not intend to obtain private interests, and based on Articles 55 (Disciplinary Grounds) and 56 (Types of Disciplinary Measures) of the Rules of Employment, the Defendant issued a one-month disciplinary action against the Plaintiff on the basis of suspension from office (hereinafter “instant prior disciplinary action”).

On the other hand, after the completion of the “D” competition, the said Organizing Committee accused the police about the Plaintiff’s act of changing the Plaintiff’s evaluation table, and on September 24, 2015, the Seoul Northern District Court sentenced the Plaintiff to a conviction of a fine of KRW 4 million due to the crime of interference with business, interference with bidding, and destruction of documents.

Although the Plaintiff appealed against the above judgment, the Seoul High Court dismissed the Plaintiff’s appeal on May 12, 2016, and the said appellate court.