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(영문) 서울행정법원 2018.05.17 2017구합4895
부당해고구제재심판정취소
Text

1. On June 14, 2017, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

Reasons

1. Details of the decision on retrial;

A. On December 28, 201, the Intervenor joining the Defendant (hereinafter “ Intervenor”) was a corporation established to operate the C University (hereinafter “C University”) under the Act on the Establishment and Management of National University Corporation B, and employs approximately 3,200 workers on a regular basis.

B. On March 1, 1994, the Plaintiff was appointed as a public official in the educational administrative office, and served in the National Cemetery from October 11, 2000, and was established by the Intervenor, and deemed to have retired from the public official and been appointed as the Intervenor’s faculty member, and served as the head of the Office of Museum Administration from October 12, 2015.

1. Grounds for requesting a disciplinary resolution;

A. On June 24, 2016, the Intervenor issued education and training (hereinafter referred to as “instant education and training order”) to restore the ability to remove the Plaintiff from his position (hereinafter “instant dismissal”) or to provide opportunities to improve attitudes (from June 27, 2016 to August 22, 2016) (hereinafter “instant education and training order”), but the Plaintiff did not comply with the 8-time education and training instruction and warning measures without permission by the end of the education and training period.

B. Habitual verbal violence and threat against subordinate personnel (hereinafter “Disciplinary Reason 2”) - Museum president requested the Plaintiff’s transfer due to serious personal relationship and lack of job performance - The head of a museum also refused the Plaintiff’s transfer to all institutions known of the Plaintiff’s behavior, following deliberation by the Personnel Committee of the staff (AF) as of March 16, 2015, as he/she refused the Plaintiff’s request for transfer from D institutions due to verbal abuse and cruel acts with respect to teaching assistants, researchers, social work personnel, etc. but he/she was well aware of the Plaintiff’s behavior, and the Plaintiff’s waiting service was conducted until October 11, 2015 by verbal abuse, threats, intimidation, unfair instructions, coercion, etc. by verbal abuse and abusive speech. This led to the Plaintiff’s accession.

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