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(영문) 서울중앙지방법원 2015.01.08 2013가합84693

해고무효확인 등

Text

1. The Defendant’s dismissal against the Plaintiff on January 1, 2013 confirms that it is null and void.

2. The Defendant on January 1, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company engaging in CATV broadcasting business.

Criteria for deliberation on disciplinary action against non-existence of the relevant regulations;

2. Where it has committed an act violating the regulations, regulations or guidelines of the company;

5. When he falsely reports, fails to report, or delays in any performance or major pending issues with the intention of concealing, exaggeration, or reducing facts; 13. When he demands, directly or indirectly, the interested persons of the company, to offer money and valuables or entertainments or receives them; 14. When he/she causes disturbance to the order of service or public morals in violation of the company's service regulations; 18. When he/she performs poor duties, the details of disciplinary measures against the recommendation of violation;

I.Cr. b. as above.

On November 8, 2011, the Plaintiff received the following notice of the results of the personnel committee and the disciplinary action (hereinafter “instant notice”) on December 27, 2012 while working for the Defendant.

Article 9 [Types and Details of Disciplinary Action] (1) Types and contents of disciplinary action shall be as follows:

1. Dismissal of disciplinary action: He/she shall make a prior notice of dismissal or make a payment of ordinary wages of 30 days in advance before thirty days or dismiss immediately;

Provided, That where a member intentionally interferes with or causes property damage, he/she shall immediately dismiss the member without pre-announcement of dismissal or ordinary wages.

2. Recommending Agency: To retire by making recommendations to submit resignations.

Article 11 [Notification of Disciplinary Decision] (2) If a person for whom a decision on a recommendation is made fails to submit a resignation within three days after being notified of the decision on disciplinary action, it shall be dealt with.

C. The relevant provisions of the Defendant’s disciplinary regulations are as follows.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff was automatically punished in accordance with the disciplinary regulations due to the Plaintiff’s failure to submit a resignation notice after receiving the instant notice of disciplinary action. The ground for dismissal is written, not stating the grounds for disciplinary action in detail.