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(영문) 광주지방법원순천지원 2014.12.10 2014가합11988
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 1, 1990, the Plaintiff is a person who became a member of the Defendant and served as a vehicle manager at the place of business of the Jeonnam Headquarters through the tallyman, etc.

B. On September 16, 2013, the Defendant’s ordinary disciplinary committee notified the dismissal of the Plaintiff on the ground that the Defendant violated Article 52 subparag. 1, 2, and 4 of the Personnel Regulations, and the Defendant notified the Plaintiff on September 24, 2013.

On September 25, 2013, the Plaintiff filed an application for reexamination with respect to the foregoing decision of dismissal. However, the Defendant dismissed the application for reexamination on November 15, 2013 and dismissed the Plaintiff as of November 28, 2013.

(hereinafter “instant dismissal disposition”) C.

The defendant's provisions concerning the dismissal of this case are as follows.

Article 32 (Duty of Fidelity) of the Personnel Regulations shall faithfully perform his/her duties in compliance with Acts, subordinate statutes, the articles of association, and the regulations.

Article 33 (Prohibition of Absence) No employee shall leave his/her workplace without the permission of his/her superior or any justifiable reason.

Article 38 (Duty of Obedience) Any employee shall obey any order of his superior with respect to performance of his duties.

Article 51 (Types of Disciplinary Action) Disciplinary Action shall be classified into removal, dismissal, reduction of salary, and reprimand.

Where an employee under Article 52 (Grounds for Disciplinary Action) falls under any of the following subparagraphs, a personnel management authority shall request disciplinary action, and a personnel management authority shall take disciplinary action according to the result of the disciplinary resolution:

1. Where it violates the articles of incorporation, regulations or other Acts and subordinate statutes;

2. When he violates his duties or neglects his duties;

3. Where he commits an act detrimental to his prestige or dignity, regardless of a connection with his duties.

4. Where he divulges confidential information of the Corporation or disturbs the discipline and order.

5. Article 6 (Duty of Good Faith) (1) An employee of the Rules of Employment shall observe Acts and subordinate statutes, the regulations on construction work, and directions on duties and faithfully perform his/her duties when he/she inflicts loss on the Corporation intentionally or by gross negligence;

§ 8 (Prohibited Acts).

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