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(영문) 부산고등법원(창원) 2016.09.22 2016나20834
면직처분무효확인등
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Basic facts

A. The defendant is a legal entity that operates C University.

On September 25, 1995, the president of C University, was specially employed as Class 9 in general service at C University, and thereafter, the Plaintiff was promoted to Grade 5 in general service at C University graduate school support offices at C University, and the head of division was discharged from office on February 25, 2015.

B. 1) Industrial action, etc. by C University Trade Union C University branch (hereinafter “C University Trade Union”)

(2) On May 9, 2013, a collective agreement was concluded between the employer and the labor union on the deposit of funds between the university and the labor union. Although the collective agreement was concluded by October 29, 2013, it did not reach an agreement on wage negotiations. The dispute mediation procedure of the C Regional Labor Relations Commission was concluded upon the refusal of a mediation proposal by the labor union’s side, and the negotiation was conducted between November 12, 2013 and November 15, 2013, and was returned to work on November 18, 2013. At the time, the Plaintiff was the head of the site of the C University Trade Union, and thereafter, the Plaintiff was the head of the C University Trade Union. However, the university’s study examined the content of an interview, etc. against the press company, etc. during the strike process, etc., and caused damage to the administrative affairs, etc., of the Plaintiff’s name and the head of the labor union, based on the grounds that the Plaintiff’s chapter and the head of the labor union.

C. On December 31, 2013, the Plaintiff submitted to the Defendant a resignation document stating the date of preparation on January 2, 2014, and on January 2, 2014, the Plaintiff’s resignation document stating the date of preparation on February 20, 2015 (hereinafter “the resignation document of this case”) to the Defendant as of February 20, 2015.

(2) The Defendant accepted the instant resignation and dealt with the Plaintiff’s dismissal from office on February 25, 2015.

(hereinafter referred to as “instant dismissal from office”). 【No ground for recognition” has any dispute, and Nos. 1 and 1.

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