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(영문) 서울중앙지방법원 2018.06.21 2017가합553388

퇴직처분 무효 확인 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a newspaper company for the establishment of a C religious organization that published a DNA newspaper, which is the organ of the C religious organization, and distributes and sells it to the general public. On April 25, 1994, the plaintiff was ex officio from August 20, 2003 (hereinafter "the dismissal of this case") while he was employed as a director general of the editing bureau in the defendant newspaper company on July 15, 1996 and was commissioned as a standing debate member from July 15, 1996.

B. On November 6, 2003, the Plaintiff applied for remedy against dismissal of the instant case to the Seoul Regional Labor Relations Commission, and the Seoul Regional Labor Relations Commission recognized the dismissal of the instant case as unfair on the ground that “the grounds for disciplinary action and disciplinary action are unfair” alleged by the Defendant, and ordered remedy.

On December 4, 2003, the Defendant filed a petition for review seeking the revocation of the above remedy order with the National Labor Relations Commission (Seoul High Court Decision 2003Da802), but the National Labor Relations Commission dismissed the Defendant’s petition for reexamination on April 22, 2004.

C. The defendant filed an administrative suit against the chairperson of the National Labor Relations Commission seeking the revocation of the above review decision, but the court of the first instance dismissed the defendant's claim on May 6, 2005 on the ground that "the grounds for the disciplinary action or disciplinary action alleged by the defendant are unreasonable (Seoul Administrative Court 2004Guhap13806), and the above judgment became final and conclusive upon the defendant's appeal and appeal.

On November 1, 2006, the Plaintiff returned to the Defendant on a temporary basis, served as the head of the publishing department in the editing bureau from March 2007 to February 2009, and served as the reporter from January 20, 2014, and served as the reporter in charge of “the full charge of teaching and external management, the calculation of the number of stories, the river, and the recording and reorganization of the legal text” from January 20, 2014, and was on dispatch from September 15, 2014 to the head of the gathering department in the Defendant’s Yong-Nam headquarters.

E. The Defendant transferred the Plaintiff to a “in-house position” of the planning department of the editing bureau by means of the reorganization of entry and exit of the editing bureau on July 20, 2015, and “the duty of computerized input, classification, and reorganization of newspapers”.