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(영문) 대전고등법원 2018.10.25 2018누11256
부당해고 구제명령 처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal include the part arising from the participation of the defendant intervenor in the lawsuit.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is the same as the reasoning of the judgment of the first instance, except for the supplement of a decision or addition as stated in paragraph (2). Thus, this is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(1) The grounds alleged by the Plaintiff in this Court while filing an appeal are not significantly different from the contents alleged by the Plaintiff in the first instance court, and even if all evidence submitted to the first instance court and this court are examined, the facts established and determined by the first instance court are deemed justifiable).

A. In addition, the part of the first instance judgment No. 6, No. 9 of the 6th instance judgment (hereinafter referred to as "the 8th instance judgment of the hospital of this case") added "at least 12 days from the 4th day to the 8th day of the month in which only a nursing assistant without a nurse was working at night at night." The supplementary part of the judgment asserts that the dismissal of this case cannot be deemed as deviating from or abusing the scope of discretion as the exercise of legitimate disciplinary authority. Thus, the retrial decision of this case is unlawful. It is clear that the intervenor arbitrarily moved the patient of this case to a bath room without the instruction of the doctor on duty or the report of the doctor on duty, the grounds for the dismissal of this case deviates from the scope of assistant nurse under the Medical Service Act. However, in relation to the disciplinary action against the intervenor, the above circumstances are related to the disciplinary action, and the statement and purport of evidence No. 11, No. 12 and No. 6 of this case are considered to be unlawful, and the plaintiff's dismissal of this case is also unlawful.

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