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(영문) 서울북부지방법원 2018.04.26 2017가합22722
해고무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is a school foundation that establishes and operates C University, etc. for the purpose of conducting general and high education. 2) The Plaintiff has worked as a supervisor of C University’s block from January 1, 2010. On January 1, 2015, the Plaintiff newly entered into a labor contract with the president of C University with the president of C University for the term of contract from January 1, 2015 to December 31, 2017.

B. The above employment contract includes the Plaintiff’s duty not to receive money and valuables, etc. (i) the fact that the Plaintiff may terminate the employment contract in the middle of “an act of receiving money and valuables or receiving money and valuables from the parents of the re-students or receiving entertainment or meal substitutes,” and “an act of receiving money and valuables or goods from the enterprises, friendships, parents, etc. without going through the donation procedure.” (ii) On December 1, 2010, the Plaintiff signed a written oath of the Cuniversity Ethical Ethics Committee containing the following: “In the event of abusing his/her position, he/she does not receive money and valuables from the faculty form in connection with illegal and

C. On November 22, 2016, the Chairperson of the Cuniversity Staff Disciplinary Committee against the Plaintiff decided to take disciplinary action against the Plaintiff on the grounds delineated below (hereinafter “instant disciplinary action”). On the same day, the president of Cuniversity took disciplinary action against the Plaintiff on the same day (hereinafter “instant disciplinary action”).

Of the acts of the plaintiff, the act of lending 30 million won in cash from parents and receiving preferential treatment at interest rates in 2012 and 2013, the act of receiving KRW 500,000 per month the credit card payment from the parents' association during the period of 2012 and 2013, the act of receiving KRW 2,88,945 from the parents' association on May 16, 2014, the act of collecting scholarships of KRW 5,229,00 from the parents of students who received the scholarships of outstanding student players violates the duty of integrity provided by Article 42(5) of the Regulations on the Personnel Management of this School.

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