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(영문) 서울행정법원 2017.10.12 2017구합57578
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision on retrial;

(a) An intervenor is a government-invested institution and public corporation established under the Korea Rural Community Corporation and Farmland Management Fund Act, which ordinarily employs approximately 5,110 workers and performs farmland banking projects, and comprehensively manage agricultural infrastructure;

B. The Plaintiff joined the Intervenor’s Corporation on March 2, 1992 and served as the vice head from April 1, 2010 to the Gyeonggi Local Headquarters B.

C. The Board of Audit and Inspection conducted an audit on the Intervenor’s operation in December 2014 on the following: (a) confirmed the circumstances in which the employees of the Gyeonggi-do Headquarters have executed personnel expenses for daily workers and received bribe; and (b) conducted an audit on whether the Intervenor’s headquarters and each local headquarters have executed unjust payment of daily wages; (c) whether the Intervenor’s headquarters and each local headquarters have received money from the Intervenor; and (d) the adequacy of the management and control system for daily workers.

On January 28, 2016, the Board of Audit and Inspection confirmed the audit results and requested disciplinary action against the plaintiff to the intervenors as follows:

The grounds for disciplinary action (hereinafter “instant grounds”) - The Plaintiff, from November 2013 to February 2014, was in charge of the supervision and completion of each of the instant construction works (hereinafter “instant construction works”) and was in charge of the settlement of construction cost of each of the instant construction works on January 28, 2014.

According to Article 4(1) of the Rules of Employment of the Intervenor, employees shall observe the laws and regulations or the rules of the Intervenor’s articles of incorporation and the order of duties and perform duties faithfully. According to Article 94 of the Guidelines for Government Tender and Contract Execution, an insurance premium settlement should be made at the time of a request for the payment of the completed portion of the other party to the contract. Officers and employees of the Intervenor may not receive money from persons related to their duties pursuant to Article 15 of

- The Plaintiff was originally established since D Co., Ltd. (hereinafter “D”) did not hire a part-time employee.

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