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(영문) 대전고등법원 2015.11.05 2015누11149
부당해고구제재심판정취소
Text

1. Revocation of a judgment of the first instance;

2. The National Labor Relations Commission on May 2, 2014 between the Plaintiff and the Intervenor joining the Defendant.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff employs 140 full-time workers and carries out housing projects, land development projects, etc. under the Local Public Enterprises Act (hereinafter “Plaintiffs” or “Plaintiffs Corporation”), and the Intervenor joining the Defendant (hereinafter “ Intervenor”) are those who were enrolled in the Plaintiff Corporation on August 29, 2005 and were working as employees in the planning department, compensation team, new business development group, etc.

B. On August 20, 2013, the Plaintiff decided to take disciplinary action against the Intervenor as “sponch” for the following reasons, and notified the Intervenor of the written resolution on disciplinary action, etc., stating the above contents, on August 21, 2013.

(hereinafter “instant dismissal”). Notwithstanding the fact that the Intervenor, as an employee of the Plaintiff Corporation, has complied with the statutes and regulations and faithfully performed his/her duties, the Intervenor violated Article 5 (Duty of Fidelity), and Article 54 (Principle of Service) of the Service Regulations (hereinafter “instant wrongful act”) in the period from February 1, 2013 to April 21, 2013, 15 on the site, 4 times of on-site absence from work, 14 times of work experience, 8 times of work experience during the period from April 22, 2013 to July 5, 2013, 200, 5-2 (Duty of Fidelity), and 54 (Principle of Service) of the Service Regulations (hereinafter “instant wrongful act”).

(2) In accordance with the relevant laws and regulations, the Intervenor is the Daegu Digital Industry Promotion Agency (hereinafter referred to as the “Digital Industry Promotion Agency”) as an incorporated foundation to verify the facts that the Intervenor has left the place of work without prior approval and participated in education.

) Although the submission of relevant data (a business plan, an application form, access image, details of payment of funds for supporting business start-ups, business registration certificate), or consent to provide personal information, the refusal to comply with Article 20 (Request for Submission of Data) of the Public Audit Act and Article 16 (Duty to Submit Audit Data) of the Enforcement Rule of the Audit Regulations of the Plaintiff Corporation (hereinafter “the “instant misconduct”).

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