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(영문) 대구지방법원김천지원 2019.02.01 2018가합16082
해고무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. From November 1, 2013 to May 20, 2015, the Plaintiff served as a safety inspector in C, an external company of Defendant B’s branch, and was employed as a inorganic Contract Road Manager on May 21, 2015.

D From May 22, 2011, Defendant B served as the inorganic Contract Road Manager.

B. On January 10, 2018, the Defendant decided to dismiss the Plaintiff on the ground that “the Plaintiff provided a total of KRW 4,940,000 to D under the name of the solicitation for the recruitment of road managers, thereby violating Article 12 of the Code of Conduct for Officers and Employees,” and notified the Plaintiff that he was dismissed on the same day.

(hereinafter “instant dismissal”) C.

Article 34 (Disciplinary Action) (1) of the Personnel Regulations for the defendant's personnel management-related personnel may be punished if the employee falls under any of the following subparagraphs:

1. Where he commits an act contrary to Acts and subordinate statutes, employment rules, pledge or other provisions;

2. When he/she breaches or neglects an official duty;

3. An official commendation and disciplinary action against an employee under Article 35 (Reward and Disciplinary Action) shall be subject to deliberation by the personnel committee.

(1) No executive or employee of the Code of Conduct shall arrange, solicit, etc. that obstructs the fair performance of duties by any other employee for his/her own or any other person's unjust interests.

(2) No staff member shall introduce any person related to his/her duties to any other person related to his/her duties or any public official provided for in subparagraph 3 of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission in connection

Article 7 (Concurrent Punishment, etc. of Recipients of Money and Valuables, etc. among the employees) (1) of the standards for handling affairs concerning requests for disciplinary action, when an employee receives money and valuables, etc. in relation to cases, solicitation, etc., the donor

, however, shall not be superior; or

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