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(영문) 서울남부지방법원 2019.02.15 2018가합1095

해고무효확인

Text

1. The Defendant’s dismissal against the Plaintiff on May 17, 2018 confirms that it is null and void.

2. The Defendant on May 17, 2018, to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff was employed as the defendant's employee on May 3, 1990.

B. On May 17, 2018, the Defendant opened a board of directors meeting with the approval of the appointment of officers and the approval of the requirements for the sanitary and sanitary products testing and inspection institution. The Defendant presented the dismissal agenda to the board of directors on the site of the date of the board of directors meeting for the non-string Plaintiff who was originally

C. On May 17, 2018, the Defendant passed a resolution on the dismissal of the Plaintiff with the consent of six (6) members among eight (8) attending directors, excluding the Chairperson.

Defendant on the same day attached to the Plaintiff

1. The Plaintiff notified the dismissal of the Plaintiff on the ground of dismissal as indicated in the list;

(hereinafter “instant dismissal”) e.

On May 21, 2018, the Plaintiff filed a request for a review with the Defendant. On June 7, 2018, the Defendant held an emergency board of directors on June 7, 2018, and presented a case of convening the disciplinary committee as a disciplinary committee’s meeting, and appointed C, D, E, F, G, and H as a disciplinary committee’s chairperson, and appointed I as a disciplinary committee’s chairperson.

F. On June 7, 2018, the Defendant’s Disciplinary Committee proposed a disciplinary action against the Plaintiff as an agenda and reads the grounds for dismissal of the Plaintiff, which was decided by the board of directors as of May 17, 2018, and then decided to dismiss the Plaintiff with the consent of five of the members.

G. On August 13, 2018, the Defendant filed a complaint against the Plaintiff for occupational embezzlement on the ground that “the Plaintiff conspireds with J, the former representative, and privately misappropriated the Defendant’s public funds.” However, the Seoul Southern District Prosecutors’ Office rendered a decision of non-prosecution disposition against the Plaintiff on the ground that the Plaintiff was suspected of having committed such offense (defluence of evidence).

H. Articles of incorporation, personnel regulations, etc. of the Defendant related to the instant case

2. The entry is as shown in the list;

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 6 through 8, 10, 12, 13, Eul evidence Nos. 7, 8, and 10 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff 1) procedural defect is the plaintiff 1's claim for nullification of dismissal.