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(영문) 대구지방법원포항지원 2015.07.07 2013가합1759

해고무효확인

Text

1. On December 18, 2013, the Defendant’s dismissal against the Plaintiff on December 18, 2013 confirms that the dismissal is null and void.

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

Reasons

1. Facts of recognition;

A. The Defendant, based on the educational ideology of the Republic of Korea, is a school foundation established for the purpose of conducting higher education based on research-oriented which contributes to human beings and national development through the research of basic science and technology and the industrial-academic cooperation research. The Plaintiff is a person who was enrolled in B University operated by the Defendant on July 7, 1986 and was employed as the head of the commercialization support team from December 1, 2009 to May 10, 2012; the chemical engineering team from May 11, 2012 to March 7, 2013; and the administrative team leader of the Environmental Engineering Department from March 8, 2013 to December 18, 2013.

B. On March 6, 2013, the Defendant received internal accusation against the Plaintiff’s non-Ethical act and conducted an internal audit. On June 3, 2013, the Defendant held the Personnel Committee and decided to recommend the president’s disciplinary action against the Plaintiff. The Employee Disciplinary Committee was held on July 31, 2013 by the president’s request for disciplinary action against the president. The Employee Disciplinary Committee decided to dismiss the Plaintiff on the ground that (i) the Plaintiff’s personal use of the corporation card, (ii) the inappropriate use of the corporation card, (iii) the inappropriate enforcement of the university budget, (iv) the inappropriate enforcement of the university budget, and (iii) the dismissal of the Plaintiff on August 28, 2013 on the ground that there were disciplinary reasons such as disciplinary action such as the dismissal of the Plaintiff on account of the Plaintiff’s violation of Article 33(1)1(i) of the Employee Personnel Management Regulations, (ii) the dismissal of the Plaintiff on August 28, 2013, based on the Defendant’s request for reexamination 201(3) and dismissal of sexual harassment 2.