해고무효확인
1. It is confirmed that the Defendant’s retirement disposition against the Plaintiff as of December 31, 2015 is invalid.
2. The defendant.
1. Basic facts
A. On April 30, 2007, the Plaintiff is a non-profit corporation that operates rehabilitation facility D (representative E; hereinafter "the rehabilitation facility of this case") for the homeless persons established on July 10, 1972 and established on July 10, 2008.
B. On May 22, 2015, the Defendant notified the Plaintiff of the removal from position for the reason that the Plaintiff fraudulently prepared documents and embezzled funds. On May 22, 2015, the Defendant, on the 29th of the same month, notified the Plaintiff that the Plaintiff would be suspended from working until a separate instruction was given for the reason that the Plaintiff failed to comply with the direction to wait in the program room while the Plaintiff was notified of dismissal from position, reported false facts, thereby impairing the Defendant’s honor.
(hereinafter referred to as “instant disposition for suspension of attendance”). (c)
On July 20, 2015, the Defendant held a personnel committee and removed the Plaintiff from office on the grounds of “Embezzlement of sales proceeds from the book manipulation to May 15, 2015, failure to comply with instructions to the program room order, and defamation between the Defendant and E due to false reports to the Labor Relations Commission”. On July 20, 2015, the Defendant sent the Plaintiff a notice of disciplinary action and a written reason for disciplinary action to the Plaintiff on the 24th of the same month.
(hereinafter “instant dismissal disposition”) D.
On October 16, 2015, the Plaintiff asserted that the instant dismissal disposition constitutes an unfair dismissal because there is no ground for dismissal and a serious defect in the disciplinary procedure. On October 16, 2015, the Plaintiff filed an application for unfair dismissal with the Jeonnam Regional Labor Relations Commission (Seoul Regional Labor Relations Commission) for unfair dismissal.
E. On January 13, 2016, the Jeonnam Regional Labor Relations Commission determined that the instant disposition of dismissal was an unfair dismissal with a significant defect in the grounds for the disciplinary action, and recognized that the instant disposition of dismissal made by the Defendant to the Plaintiff is unfair.