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(영문) 대구지방법원 2017.02.10 2015가합201620
파면처분취소
Text

1. On December 12, 2014, the Defendant confirms that the removal against the Plaintiff is null and void.

2. The Defendant, on January 201, 2014, is against the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a juristic person established pursuant to the Community Credit Cooperatives Act and whose main business is the receipt of deposits and installment savings from members, and the lending of funds to members.

The Plaintiff entered the Defendant’s Treasury on January 1, 1993 and took overall charge of lending, general affairs, and fund management from around 2010 to December 11, 2014, and was subject to disciplinary action against the Defendant’s Treasury on December 12, 2014.

B. (i) Defendant’s credit cooperative’s dismissal from position, etc. against the Plaintiff; (ii) confirmed that the Plaintiff committed misconduct against other employees of the said credit cooperative; and (iii) on July 8, 2014, requested the Federation of Community Credit Cooperatives (the competent regional headquarters: Daegu regional headquarters; hereinafter “Federation”) pursuant to Article 79 of the Community Credit Cooperatives Act to inspect the Plaintiff’s misconduct on the same day; and (iv) proposed a document stating that the Plaintiff’s dismissal from position and standby order will be implemented on the same day.

Accordingly, on July 9, 2014, the head of the inspection team of the National Federation of Fisheries Cooperatives requested the director of the defendant's credit cooperative to remove the plaintiff from position, and on the same day, the head of AM, who is an employee of the defendant's credit cooperative, made an oral notification to the plaintiff, such as removal from position.

On October 20, 2014, the president of the Defendant Treasury notified the Plaintiff of “the Plaintiff’s position was cancelled from July 9, 2014, and the head office of the Defendant Treasury issued a standby order at its head office.”

B. On October 6, 2014, the Plaintiff filed an application against the Defendant’s credit cooperative for remedy against the dismissal from position, etc. (Seoul Northern District Labor Relations Commission Decision 2014Du758). However, on November 28, 2014, the said commission dismissed the application on the ground that “the need for dismissal from position or suspension from office is recognized, and there is no procedural defect to invalidate the said disposition, and thus the justification of the disposition is recognized.”

C. (1) The Federation shall instruct the reprimand of the Federation of Credit Cooperatives.

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