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(영문) 서울고등법원 2017.11.17 2017나2037018
해고무효확인
Text

1.The judgment of the first instance shall be modified as follows:

The defendant's dismissal on February 29, 2016 against the plaintiff.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

The decision of the court of first instance is the same as that of the decision of the court of first instance, except for the modification as stated in paragraph 2 and the addition of the decision in the next trial as stated in paragraph 2.

B. 1) The 7th end of the judgment of the first instance court added "the name of the importing business" to "the name of the profit-making business", and "Article 61 (1) and (3)" to "Article 61 (1) and "Article 61 (2)" to "Article 61 (1)" as "Article 61 (2) of the first instance court's decision, 12, and 9."

3) The part of the first instance court’s 6th sentence “C.” is changed to “B.”, the part of the 21st sentence “D.” to “C.”, and the part of the 22th sentence “E.” to “D.”, and the part of the 20th sentence to the 8th sentence through 21th sentence is changed to “C.”, respectively.

In a case where a disciplinary measure is taken against a person subject to disciplinary action, it is at the discretion of the person having authority to take the disciplinary action. However, if the person having authority to take the disciplinary action is deemed to abuse the discretionary power that has been placed to the person having authority to take the disciplinary action as a matter of social norms, it can be deemed unlawful. If the disciplinary measure is deemed to be illegal beyond the scope of discretionary power because it has considerably lost validity under social norms, the purpose of the disciplinary measure is to achieve the contents and nature of the misconduct causing the disciplinary action, and to achieve it by the disciplinary action, depending on specific cases.

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