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(영문) 서울행정법원 2020.04.16 2019구합75280

부당해고구제재심판정취소

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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

1. The circumstances leading to the decision on reexamination of this case

A. The Intervenor is an incorporated association that leases, distributes, loans, etc. for the purpose of promoting the welfare of officers and employees of the D Group Company and maintaining a stable livelihood after retirement.

On September 20, 1995, the Plaintiff joined the Intervenor and served as the head of the investment department.

1. Disciplinary Reason No. 1: Although all the contracts are finally subject to the approval of the president in accordance with the internal policy of the company, it shall be concluded at will by stealing the reduction of the staff of the department and/or employee of the company with an unfavorable content. 2. The Disciplinary Reason No. 2: The company shall not incur financial loss to the company by purchasing and selling the products of the distribution business (E) individually in an unfair manner and taking private profits ( approximately KRW 13,377,500);

3. Disciplinary Reason No. 3: Purchase and sale of products directly operated by a company, the resale of which is prohibited to an individual as part of the welfare benefits of executives and employees, and personal profits have been accrued therefrom; accordingly, financial losses (not less than KRW 6,463,106) have been incurred to the company / [related grounds] Article 2 and Article 56 subparagraphs 1, 2, 3, 5, and 6 of the Regulations on Personnel Affairs

B. On September 10, 2018, the Intervenor changed part of the phrases to help the Plaintiff understand the purport of the following literary boxes.

It shall be the same in all cases by extracting the contents of documentary evidence at the same time.

The dismissal was made on the ground of the grounds of the disciplinary cause (hereinafter “instant dismissal”).

(A) Paragraph (18) of this Article (No. 18) (hereinafter “instant disciplinary cause”) shall be used with the phrase “Disciplinary cause” as stated in the item (b) when the relevant disciplinary cause is specified among the grounds for the disciplinary cause stated in the said article, and if the relevant disciplinary cause is fully complied with, the pertinent disciplinary cause”).

C. On November 20, 2018, the Plaintiff filed an application for remedy with the Chungcheong Regional Labor Relations Commission on the ground that the dismissal of the instant case was unfair, and the Chungcheong Regional Labor Relations Commission on April 3, 2019 stated that only the grounds for disciplinary action No. 1 out of the instant grounds for disciplinary action are justifiable.