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(영문) 광주고등법원(전주) 2017.10.19 2017나10560
해고무효확인
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this court’s acceptance of the judgment of the first instance are as follows: “The Review Disciplinary Committee held on April 28, 2015” in the third 12 line of the judgment of the first instance shall be deemed to be “the Review Disciplinary Committee held on April 28, 2016”; and the following “2. Additional Determination” shall be deemed to be the reasons for the judgment of the first instance except for the addition of “the defendant added or emphasized to this court” under the main sentence of Article 420 of the Civil Procedure Act. Thus, this shall be cited as it is in accordance with the main sentence of

2. Additional determination

A. Article 10 subparag. 7 and 12 of the Defendant’s summary of the Defendant’s argument that the grounds for dismissal of the employee on duty are as follows: (a) Article 10 subparag. 7 and subparag. 12 of the Defendant’s disciplinary regulation of the employee on duty provides that “a person who has been convicted of a crime for any reason other than his duty,” “a person who disturbs public order or damages good customs by means of violence, violence, violence, noise, gambling, etc.,” shall be dismissed as a matter of course in the event of gambling. Since each of the instant dismissal was conducted accordingly, the instant dismissal is justified. (b) According to the written evidence No. 27, Article 10 of the Defendant’s disciplinary regulation of the employee on duty provides that “a person who has been convicted of a crime for any reason other than his duty, shall be dismissed in any case falling under any of the following subparagraphs, and the fact that the grounds for dismissal, as alleged by the Defendant, are recognized

However, Article 2 of the Defendant’s collective agreement provides that “the collective agreement shall take precedence over the rules of employment and other rules set forth by the company,” with respect to the same disciplinary cause or disciplinary procedure, the collective agreement shall take precedence over each other, if the provisions of the collective agreement and the disciplinary regulations under the same collective agreement conflict with each other.

The defendant's collective agreement provides for the same ground for dismissal as that of the above dismissal provision and stipulates that "a company may dismiss any person corresponding thereto in consultation with the Trade Union and Labor Relations Division."

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