beta
(영문) 서울행정법원 2019.12.24 2019구합6147

부당해고구제재심판정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

An intervenor in the process of the decision on reexamination is a juristic person established on December 22, 2003 and receiving subsidies from Gwangju Metropolitan City and performing the duties of recruiting and managing volunteer groups, and the plaintiff is dismissed on February 22, 2019 while entering the intervenor on February 1, 2005 and serving as the secretary general in charge of the intervenor's affairs from December 24, 2016.

On September 5, 2018, the media published the article that the plaintiff has an inappropriate relationship with female employees belonging to the intervenor and that it causes an obstacle to the work.

Accordingly, the Gwangju Metropolitan City Audit Committee will investigate the current status of the operation of intervenors around October 2018, and based on this, presented the opinions to dismiss the plaintiff to the intervenor's board.

On February 19, 2019, the president of the Intervenor demanded a disciplinary decision to the personnel committee of the Intervenor on the ground that “the Plaintiff damaged the intervenor’s image and reputation on September 5, 2018 and September 6, 2018, and, by proceeding civil and criminal proceedings against a large number of subordinate employees, it appears that it would be difficult to expect any further role as a head of the personnel committee for the Intervenor to resolve the problem due to continuous conflict between employees.”

On February 22, 2019, the intervenor held a personnel committee around 10:0 and deliberated on the disciplinary action against the plaintiff, and decided to take disciplinary action against the plaintiff.

On the same day, the interim board of directors of the Intervenor held at around 16:00 on the same day was reported to the personnel committee’s resolution, and the Plaintiff passed a resolution to dismiss the Plaintiff on the ground that the Intervenor’s reputation was damaged.

On February 22, 2019, the Intervenor notified the Plaintiff of his dismissal on the ground that the Intervenor damaged the Intervenor’s reputation.

(hereinafter “instant dismissal.” On February 25, 2019, the Plaintiff asserted that the instant dismissal was unfair and unfair, and applied for remedy to the Jeonnam Regional Labor Relations Commission.