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(영문) 서울중앙지방법원 2016.09.29 2016가합514393
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 14, 1987, the Plaintiff was a worker who was employed by the Defendant Company as an employee, and was in Seoul Branch in 2015.

B. On July 16, 2015, the Defendant held a disciplinary committee against the Plaintiff and decided to dismiss the Plaintiff as part of July 22, 2015 on the grounds as stated in attached Table 1, and notified the Plaintiff of the result on July 21, 2015.

C. On August 13, 2015, the Plaintiff appealed and requested a retrial to the Defendant, and the Defendant held a Review Disciplinary Committee with respect to the Plaintiff on August 13, 2015, and decided to dismiss the Plaintiff as part of July 22, 2015, and notified the Plaintiff on August 18, 2015.

(hereinafter “instant dismissal”) . [Employment Rules] Article 5 (Good Faith and Sincerity)

1.The Company shall work for the Company in terms of the working conditions prescribed in these Rules, and the employee shall faithfully fulfill his duties assigned to him in compliance with the provisions of the Company.

3. Employees shall always observe good faith and shall not commit any act detrimental to the reputation of the company.

Article 17 (Service Rules) Employees shall strictly observe the following matters on the basis of the principle of good faith:

3. He/she shall always have pride and self-esteem as an employee of modern motor vehicles, observe order and discipline, and handle his/her duties in a prompt and accurate manner.

7. He/she shall not engage in any conduct unrelated to the business of a company during working hours without permission from the company.

8. He/she shall not leave his/her workplace without permission of the head of his/her office; 14. Other acts contrary to these Rules or the instructions of the head of his/her office shall not be performed, and the employees falling under any of the following subparagraphs may be dismissed:

14. A person who is deemed to have extremely poor working attitude or service performance and who has no room for improvement; 19. A person who violates Article 17 (Service Rule) of these Rules and whose degree is deemed to be significant (collective agreement) shall be a member of the company under Article 32 (Procedures for Disciplinary Actions).

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