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(영문) 서울중앙지방법원 2018.08.24 2017가합568519

해고무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a corporation with the purpose of passenger transport service, etc., and the Plaintiff was employed by the Defendant on March 3, 200, and was employed as the head of the Ulsan Logistics Center from May 6, 2015 after being employed by the Defendant on December 1, 2006.

B. From 2014 to 2016, the Defendant: (a) received money and other valuables (including a nominal gift, a summer leave fee, and a transportation fee, KRW 9.2 million) on several occasions from D Co., Ltd. (hereinafter “D”); and (b) decided to dismiss the Defendant on June 28, 2017 pursuant to Article 21 of the Rules of the Defendant’s Detailed Deliberation Committee on Punishment, etc., by holding a deliberation committee to dismiss the Defendant pursuant to Articles 8 and 54 of the Rules of Employment; (c) Articles 14 and 48 of the Personnel Regulations; and accordingly, the Defendant notified the Defendant that he would dismiss the Plaintiff as of July 7, 2017, based on the result of deliberation by the Deliberation Committee on Punishment, etc. < Amended by Presidential Decree No. 28210, Jul. 3, 2017; Presidential Decree No. 28210, Jul. 3, 2017>

The dismissal of this case is hereinafter referred to as "the dismissal of this case"

(c) Of the criteria for the Defendant’s rules of employment, personnel regulations, provisions of the Monetary Punishment Review Committee, and disciplinary decisions of the Monetary Punishment Review Committee, the contents related to the instant case are as follows. An employee under Article 8 of the Rules of Employment shall not receive any case, grant a return, or donation from a person who has a business relationship with the company; and an employee under Article 54 (Dismissal) shall be dismissed in the event that the employee falls under any of the following subparagraphs. 5. In the event that a decision of dismissal has been made by the personnel committee’s deliberation, an employee under Article 14 (Performance Rule) of the Rules of Personnel shall strictly observe the following matters in carrying out his/her duties:

7. If a decision of dismissal has been made by the Monetary Punishment Review Committee, the provisions of the Monetary Punishment Review Committee.