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(영문) 대법원 2020.10.15 2019두40611
부당징계및부당노동행위 구제재심판정취소
Text

All appeals are dismissed.

The costs of appeal by the defendant are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

A. The first instance court acknowledged the facts as indicated in its reasoning regarding the grounds for disciplinary action against Plaintiff I, J, K, and L’s “Obstruction of the performance of demonstration on one-person working on board,” and held that the said Plaintiffs’ act would not be deemed to disrupt the order in the course of performing their duties, and that the Defendant’s supplementary intervenor (hereinafter “the Intervenor”).

his honor and honor were damaged.

The grounds for disciplinary action are not recognized on the ground that there is no evidence to prove that the intervenor suffered property damage.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment as alleged in the grounds of appeal by omitting judgment or failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

B. On the grounds as indicated in its reasoning, the lower court determined that each disciplinary action against Plaintiffs A, B, C, I, J, K, L, and N was null and void beyond the limit of the discretion of disciplinary action.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment as alleged in the grounds of appeal by omitting judgment or failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the Intervenor’s ground of appeal

A. The grounds of appeal Nos. 1 and 2 subparag. 1) This part of the grounds of appeal are as follows: AF (hereinafter “instant strike”) conducted on February 25, 2014 by the OF trade union to which the Plaintiffs belong.

(2) The Intervenor filed an appeal regarding the cancellation of the decision on review with respect to Plaintiff F and G among the judgment below, because the strike is an industrial action for which legitimacy is not recognized.

However, according to the records, only the intervenor took disciplinary action on the ground that the plaintiff F and G committed the "boomion to the head of a business office related to circular transfer".

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