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(영문) 서울고등법원 2021.01.22 2020누50654

부당해고 구제재심판정 취소 청구의 소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which the court shall explain concerning the instant case, is as stated in the reasoning of the judgment of the court of first instance, except for the following parts, and therefore, it shall accept it pursuant to Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act (other matters alleged by the plaintiff in the trial are not significantly different from the contents alleged by the plaintiff in the first instance trial, and even if all of the evidence presented in the first instance trial and the court of first instance are examined, it is legitimate to recognize and determine the facts of the court of first instance that rejected the plaintiff's assertion). [The part written by the court of first instance ] The second 10 to 14 acts as follows.

A. The purpose of the Plaintiff is to contribute to the promotion of welfare of the State and the society by conducting social welfare programs based on the ideology of Q religious organizations. A total of 11 branch offices (affiliated facilities), including D welfare centers (hereinafter “instant welfare centers”), including the establishment and operation of childcare facilities for children, the construction and operation of a comprehensive elderly welfare center, and the establishment and operation of a comprehensive social welfare center, are established under its control, including D Welfare Centers (hereinafter “instant welfare centers”).

Since the intervenor became a member of the above FF on June 9, 2001, the intervenor has been engaged in personnel movement within the corporation as shown in the following table and has been working in various facilities under the plaintiff's control.

The reasoning of the judgment of the court of first instance is as follows. A. Paragraph 2-A (from the 4th judgment of the court of first instance to the 5th judgment of the court of first instance) is as follows.

A. The intervenor, as the head of the instant welfare center, comprehensively delegated the entire project of the instant welfare center to the extent that he/she comprehensively took charge of all of his/her duties, including personnel affairs and accounting, under the independent authority and responsibility of the said welfare center. The intervenor, as the head of the instant welfare center, took charge of the overall project of the said welfare center, after the Plaintiff’s audit or evaluation