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(영문) 서울중앙지방법원 2016.06.21 2015가합553841
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. 1) The Defendant is a foreign-capital invested company established for the purpose of selling optical semesters and medical devices. 2) The Plaintiff was employed by the Defendant and worked as the head of the headquarters for business management from August 2012 to August 201, 202.

B. On July 14, 2015, the Defendant notified the Plaintiff that the Plaintiff would be subject to disciplinary action as of July 17, 2015, following the deliberation and resolution of the personnel committee.

(hereinafter “instant dismissal”). The grounds for the instant dismissal are as follows.

1. On December 20, 2013 through May 4, 2015, 2015, orders a subordinate employee to falsely prepare entertainment expense proposal (defluence) differently from the actual recipient of entertainment expenses in the following manner: (i) 1,770,000 won in total 18 times; and (ii) 3,00 won in entertainment expense bill sent to D, which is a high school constructor, for 19 April 6, 2015, and sent to 3,00 employees for 1,00 won in total and 4,000 won in entertainment expenses (defluence 2,00 won in total) and 4,000 won in total, as if it were falsely recorded in 1,00 won in the entertainment expense bill; and (iii) 4,000 won in total and 1,000 won in the entertainment expense bill (hereinafter “Disciplinary Reason 2”) and 1,014,000 won in total and 4,000 won.

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