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(영문) 부산지방법원 2019.08.22 2018구합25326
해고처분취소청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. From January 1, 2017, the Plaintiff served as a street cleaner of the Busan Metropolitan City B-gu Office.

B. On September 28, 2018, C, the father of the Plaintiff, was sentenced to two years of the suspension of one-year imprisonment with labor at the Busan District Court (Seoul District Court 2018Dahap80, 329(combined)), and the above judgment became final and conclusive around that time, as it became final and conclusive as it is, on the grounds of the fact that C, received a demand from a street cleaners to request the Plaintiff to provide a total of KRW 30 million for assistance in employing him, such as informing him of an advance interview forecast questions from D in charge of cleaning administration and new employment of street cleaners who are employed as a street cleaners, etc.

(hereinafter referred to as “related criminal case”). (c)

On November 12, 2018, the Busan Metropolitan City Committee for Personnel Affairs of Public Service held a personnel committee on November 12, 2018, and decided to dismiss the Plaintiff on the ground that the Plaintiff damaged the fairness of the employment process for street cleaners, such as the relevant criminal facts, which constitutes grounds for dismissal under Article 47 (1) 4 of the Regulations on Management of Public Service in Busan Metropolitan City B-Gu.

On November 19, 2018, the defendant issued the notice of dismissal to the plaintiff on November 19, 2018.

The notice of dismissal was given to the Plaintiff on November 21, 2018 due to the following reasons. 1. Basic Provisions: Article 47 of the Regulations on the Management of Public Service in Busan Metropolitan City B(Article 47(1)4, such as dismissal) of the Regulations on the Management of Public Service in Busan Metropolitan City.

2. Grounds: The notice of dismissal issued by the former Personnel Committee on Public Service on November 12, 2018 at the time of a defect in dismissal, as the Plaintiff was discovered by fraudulent or other unlawful means, includes the following:

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. The defendant's defense prior to the merits is equal in accordance with the defendant's internal rules.

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