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(영문) 서울남부지방법원 2018.12.13 2017가합108999
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The relationship between the Plaintiff and the Defendant 1) Defendant C Co., Ltd. (formerly named “D Co., Ltd., E Co., Ltd., “E”), “F Co., Ltd.,” and “Defendant Co., Ltd

(2) On June 1, 208, the Plaintiff entered the Defendant Company on June 1, 198, and worked as the head of the branch office in Incheon Metropolitan City from December 11, 2007 to July 31, 2013, when it was incorporated into G subsidiaries on June 2005 and merged H Co., Ltd. on November 30, 2008.

3) Defendant B served as the personnel support director of the Defendant Company. (B) On August 2013, the Plaintiff filed a complaint against the charge of coercion and obstruction of business with the intent of coercioning and obstruction of J, who, around December 2012, J, the General Director of the Defendant Company I (General Director) forced the Plaintiff, working as the head of the Incheon Branch Office, to manipulate the comprehensive service rating for the employees of the K Husband of the Incheon Branch Office.

(2) On October 31, 2013, the prosecutor rendered a disposition to dismiss the Plaintiff on the ground that the J did not assault or threaten the Plaintiff. 3) On December 17, 2013, the personnel management working council of the Defendant Company decided to dismiss the Plaintiff on the ground that “the cause of dispute due to intention, the act of impairing the reputation of the company that caused the company to perform its duties, and the act of disturbing order within the company,” and accordingly, the Defendant Company notified the Plaintiff of his dismissal on the following day.

Since then, although the plaintiff filed a request for retrial, the personnel affairs council of the defendant company decided to take the same disposition as the original judgment on the 27th of the same month, and notified the plaintiff of the relevant

(hereinafter “instant dismissal disposition”). C.

On May 19, 2014, the Plaintiff filed a lawsuit seeking invalidation of dismissal against the Defendant Company. The instant disposition of dismissal exists due to procedural defects, there is no ground for disciplinary action, and the determination of disciplinary action is possible.

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