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(영문) 대전고등법원 2017.09.14 2016누13623

부당해고구제재심판정취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: (a) the court's explanation of this case is as follows: (b) the second instance court's knife knife and knife knife knife knife knife knife and knife knife knife knife knife knife knife; and (c) the disturbance knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

2. Parts to be dried;

C. 1) Determination 1) Whether to impose a disciplinary measure upon a person subject to disciplinary action is subject to the discretion of the person having authority to take the disciplinary measure. However, the disciplinary measure is unlawful only when the person having authority to take the disciplinary measure has considerably lost validity under the social norms. In order to deem that the disciplinary measure has considerably lost validity under the social norms, the disciplinary measure should be determined by taking into account various factors, such as the content and nature of the misconduct causing the disciplinary measure, the administrative purpose to be achieved by the disciplinary measure, the criteria for the determination of the disciplinary measure, etc. (see, e.g., Supreme Court Decision 2006Du16274, Dec. 21, 2006). Meanwhile, dismissal is justified in cases where there are grounds for the disciplinary measure to the extent that it is not possible to continue the employment relationship with the worker concerned, and whether the employee concerned has continued the employment relationship with the worker concerned, the purpose and nature of the employer concerned, the workplace concerned, and the worker concerned.