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(영문) 서울행정법원 2015.09.24 2014구합19414
부당해고구제재심판정취소
Text

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

The plaintiff is a corporation that manufactures automobile parts by employing 89 full-time workers, and the intervenor was employed by the plaintiff on February 13, 2008 as the head of the personnel labor team from January 23, 2013.

【Disciplinary Action against Intervenor】

1. On December 9, 2013, an interview with the president who acting as the representative director of the Plaintiff, on two occasions against the violation of the discretionary rules, which would substantially disrupt the discipline and order of the management organization by intimidation on two occasions (hereinafter “Disciplinary Reason 1”) (hereinafter “Disciplinary Reason 1”).

2. The head of the personnel and labor team, as a head of the personnel and labor team, shall disrupt the discipline and order of the Plaintiff company in violation of the rules on the discretionary decision of the Plaintiff company (hereinafter referred to as "Disciplinary Reason

3. The head of the personnel labor team who has caused the occurrence of an unfair dismissal situation against the head of the D division, and instead takes charge of another person's failure to take early measures without any effort to take early measures (hereinafter referred to as "Disciplinary Reason 3") to significantly lack the ability to maintain sound organization discipline and order as the head of the personnel labor team (hereinafter referred to as "Disciplinary Reason 3").

4. Making efforts to improve unreasonable practices that make annual salary payments to persons subject to contracts for annual salary converted into the annual salary system based on the total annual salary amount, thereby causing substantial property loss to the Plaintiff Company (hereinafter referred to as “Disciplinary Reason 4”);

5. On December 23, 2013, the Plaintiff dismissed the Intervenor as of January 23, 2014 on the ground of the following disciplinary reasons (hereinafter “Disciplinary Reason 5”), following a resolution of the personnel committee, following a resolution by the relevant personnel committee, to obtain unjust enrichment as the head of the personnel labor team, such as unfairly raising his/her annual salary based on the annual salary contract entered into with a person without legal authority, and to return unjust enrichment, even if the Plaintiff incurred considerable property loss to the Plaintiff company (hereinafter “Disciplinary Reason 5”).

(c).

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