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(영문) 서울고등법원 2020.06.12 2019나2047934
해고무효확인 등
Text

1. The judgment of the court of first instance is modified as follows.

All of the plaintiffs' primary and conjunctive claims are dismissed.

2...

Reasons

1. Basic facts

A. 1) The Defendant is a company that manufactures and sells steel and non-metallic metals. The Defendant operates an air-going plant that produces vessel materials used as materials of automobiles, industrial machinery, household appliances, machinery, etc.). The Plaintiff A entered the Defendant on July 1, 2015 and served as the deputy head of the cost management team in the port industry. The Plaintiff B was a person who was employed by the Defendant on August 29, 2013 and worked as the deputy head of the cost management team in the port industry.

B. From March 10, 2015 to March 9, 2017, D sent e-mail to 330 executives and employees of the Defendant using the computers of the port office office on March 10, 2017 following the date of withdrawal. The e-mail sent 120 copies of a photograph fling the Defendant’s assets to the above e-mail attached to the above e-mail, which included 120 copies of a photograph fling the Defendant’s intra-company sensation between the Plaintiffs and 120 copies of a photograph fling the Defendant’s in-house sensation among the contents of the Mes communication between the Plaintiffs attached to the above Messens between the Plaintiffs, which included the Plaintiffs’ private expenses handled by the Defendant at the expense of the Defendant’s president, the contents of meals received from the subcontractor’s president, and the contents of slandering the Defendant’s executives and employees.

C. The Plaintiffs’ submission 1) The Defendant’s personnel management team was to initiate an investigation into the Plaintiffs’ misconduct, and the Plaintiff B was issued as the Defendant’s Seoul head office as of March 13, 2017. 2) Plaintiff A was investigated by the Defendant’s personnel management team employees at the Seoul head office from March 15, 2017 to March 23, 2017, and Plaintiff B from March 15, 2017 to March 27, 2017, respectively.

3. Plaintiff A submitted to the Defendant a resignation on March 23, 2017, and Plaintiff B on March 27, 2017, respectively, and the Defendant accepted each of the above resignations of the Plaintiffs.

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