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(영문) 서울중앙지방법원 2014.04.10 2013가합53859

해고무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around January 2002, the Plaintiff was employed by the Defendant’s C Schools (hereinafter “instant Schools”) as a technical skilled staff and was in charge of school facilities-related affairs.

B. On May 8, 2013, the Defendant’s chief director requested a disciplinary committee for a disciplinary action against the Plaintiff on the following grounds (hereinafter “Disciplinary Committee”). The said disciplinary committee was held four times, and decided to dismiss the Plaintiff on May 23, 2013, and the Defendant chief director notified the Plaintiff of the dismissal disposition (hereinafter “instant dismissal”).

C. The grounds and grounds for the Defendant’s disciplinary action against the Plaintiff are as follows.

Serial No. 1 [Attachment of Books related to the Lease of School Facilities] After being entrusted with the relevant duties while leasing out a school facility to the outside, the relevant documents, such as the receipt of a request for the lease of the school facility, and the list of the leases, shall be destroyed without permission for the period of 2012. Pursuant to Articles 53 and 53-2 of the Financial Accounting Rules of the Private School Institution, the account books and other documents related to the school accounting shall be preserved for five years, but the Plaintiff breached the same by failing to prepare the relevant account books or destroying documents. 2] The Plaintiff aiding and abetting the head of the administrative office D, the accounting personnel E, and the new bank, etc. to wrongfully manage and execute the development fund and the fee for the use of school facilities by unfairly managing and executing the fund and the fee for the use of the school accounting. The Plaintiff is easy to reverse the documents related to the lease of the facility and not preparing the lease ledger, and thereby deposit and manage the rent for the facility into the foreign bank account.

b. 3 [Violation of the Rules of the School Construction Contract and Payment of Price] The Plaintiff performed the school landscaping construction in the middle of November 2012, 2012, and there are items related to F and construction implementation, which are non-qualified companies, of the construction cost equivalent to KRW 31,717,400.