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(영문) 서울행정법원 2017.04.14 2016구합61396

부당해고구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

An intervenor in the process of the retrial decision is a company that ordinarily employs approximately 3,00 workers and engages in shipbuilding and construction business as its main business.

On July 3, 1996, the Plaintiff joined the construction sector of the Intervenor Company and worked as the 2 Team Vice-President from November 2, 2009 to April 14, 2013, and was in charge of the management of advance payment in the construction site, the selection of participants and tendering procedures, and the payment of progress payment in the construction site. From April 11, 201 to May 6, 2014, the Plaintiff was in charge of the management and evaluation of the shared growth index, the management and evaluation of the shared growth index, the filing of a lawsuit by the Fair Trade Commission, and the payment of progress payment in the construction site. < Amended by Act No. 10685, Apr. 11, 2011; Act No. 1058, Apr. 14, 2013>

From September 13, 2011 to November 15, 2013, the Plaintiff underwent golf multiple times with the representative director D, etc. of C Co., Ltd. (hereinafter “C”), a subcontractor company, a witness company, (hereinafter “C”).

C around May 2015, the Intervenor set up a banner demanding the settlement of construction cost on the 8th line road in front of the intervenor company's front door, and around July 2015, a banner was installed in the contents of demanding the return of golf expenses to the employees belonging to the Intervenor who received golf-related districts.

On July 6, 2015, the Intervenor received the document “A (Plaintiff) golf expenses” from C in the course of investigating golf entertainment expenses with respect to its employees on July 6, 2015. The said document stated that C spent 95,264,640 won as golf entertainment expenses for the Plaintiff on a total of 56 occasions from September 13, 201 to November 15, 2013.

On August 12, 2015, the intervenor held the fourth personnel committee in the first instance trial (hereinafter referred to as the "personnel committee in the first instance trial") in 2015. The personnel committee in the first instance trial decided to take disciplinary action against the plaintiff, to take disciplinary action against the plaintiff, to five employees such as the head of the E-friendly department, and to three managers who neglected the management and supervision of the plaintiff.

Accordingly, on August 21, 2015, the intervenor is as follows to the plaintiff.