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(영문) 서울고등법원 2018.02.13 2017나2021723

해고무효확인

Text

1. On October 26, 2017, upon a claim that was changed in exchange by this court, the Defendant limited to the Plaintiff on October 26, 2017.

Reasons

1. Basic facts

A. The Defendant is a corporation established pursuant to the “C Promotion and C Park Creation Act,” which employs 80 full-time workers, and is engaged in business activities, such as training and overseas dispatch of C leaders through C’s examination, C leader training and education, and the Plaintiff is subject to a disposition of temporary dismissal from office on October 26, 201, while entering the Defendant on March 25, 2004 and serving as the Secretary General from July 11, 201 to October 26, 201.

B. The Plaintiff and the Defendant were the Secretary General of the Organizing Committee of “D” jointly held from August 21, 2014 to August 24, 2014, and one of nine evaluators for the selection of service providers for the opening and closing of the said Games.

On July 24, 2014, the Plaintiff discarded the existing evaluation table prepared by the evaluation committee members to a specific enterprise in the bidding procedure for the selection of the above agency, and arbitrarily prepared the evaluation table stating the highest points to the above agency, and the said agency selected the service company as the service company.

C. On August 29, 2014, the Defendant organized the Fact-finding committee and investigated specific facts, and on September 18, 2014, based on the fact that the Plaintiff committed a wrongful act to change the evaluation table after the bidding, but did not intend to obtain private interests, and based on Articles 55 (Disciplinary Grounds) and 56 (Types of Disciplinary Measures) of the Rules of Employment, the Defendant issued a one-month disciplinary action against the Plaintiff on the basis of suspension from office (hereinafter “instant prior disciplinary action”).

On the other hand, after the completion of the “D” competition, the said Organizing Committee filed a criminal charge against the Plaintiff regarding the act of changing the said evaluation table, and the first instance court convicted the Plaintiff on September 24, 2015, who was punished by a fine of KRW 4 million due to the crime of interference with business, interference with bidding, interference with documentation, and damage of documents.

(Seoul Northern District Court 2015Hau1298). The plaintiff appealeds against it, but was dismissed on May 12, 2016 (Seoul Northern District Court 2015No1788);