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(영문) 대전지방법원 2017.11.16 2016구합105809

부당해고구제재심판정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Details of the disposition;

A. The Plaintiff joined C on October 4, 1994, and since C was incorporated into the Intervenor’s Intervenor’s Intervenor (hereinafter “ Intervenor”) on April 3, 2001, the Plaintiff served as the Intervenor’s DDA production team member.

On March 1, 2014, the Plaintiff promoted to the leader, and moved to the department on July 7, 2014, QA P Quality Control Team.

C. On April 15, 2016, the Intervenor Disciplinary Committee rendered a decision on disciplinary action against the Plaintiff at the seat of the Plaintiff, and sent a notice of the result of disciplinary deliberation that the Plaintiff would take disciplinary action against the Plaintiff, if the Plaintiff fails to submit the resignation within five days after being notified of the decision.

The Plaintiff did not submit the resignation within five days, and the Intervenor notified the Plaintiff of the disciplinary dismissal on April 21, 2016.

(hereinafter “instant disciplinary dismissal”) C.

The grounds for the dismissal of the instant disciplinary action are ① (a) the Plaintiff sought a premium by using duties, such as lending and borrowing money from the E representative director F, a party to the instant disciplinary action, and (b) the Plaintiff engaged in the business of G Co., Ltd. (hereinafter “G”) without the Intervenor’s permission, thereby hindering the Plaintiff’s normal performance of duties (hereinafter “Disciplinary Grounds 2”).

On July 4, 2016, the Plaintiff filed an application for remedy against the dismissal of the instant disciplinary action with the Jeonnam Regional Labor Relations Commission, which was dismissed on July 4, 2016, and filed an application for reexamination with the Defendant. On October 11, 2016, the Plaintiff received the dismissal decision (hereinafter “instant reexamination decision”).

The rules of employment of the intervenor who served as the basis for the dismissal of the instant disciplinary action are as follows.

Article 123 (Reasons for Recommendation, Dismissal, and Dismissal of Disciplinary Action) If a member falls under any of the following subparagraphs, the member shall be dismissed from office or disciplinary action in consideration of the circumstances:

2. When he/she seeks to use his/her duties;

3. Other matters without the permission of the company.