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(영문) 서울남부지방법원 2015.05.15 2014가합106701
해고무효확인
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 defendant is a corporation established for the purpose of producing, distributing, selling, etc. digital satellite broadcasting business and content in related fields.

The plaintiff became a member of the defendant around August 2002, and from July 12, 2013, the defendant's vice-general branch office has been working in the defendant's business headquarters B.

B. On October 17, 2013, the head of the branch office C, 12 employees, including 9 branch employees including the Plaintiff, and 3 staff members of the head office and the deputy management branch office.

After the completion of the first round, the Plaintiff, while taking part in the second round of a series of stories, intended to take part in the Defendant’s representative director as an empty beer disease while taking part in the Defendant’s desire to talk with C, and subsequently assault C’s face at least three times outside the second round of food.

(hereinafter referred to as “instant misconduct”. Accordingly, C suffered from the 4 balance of 4 balance of raw materials and upper frames of the right shoulder, which shall be treated for about eight weeks, to the right shoulder for a period of up to six weeks, and to be treated for six weeks.

C. On November 14, 2013, the Defendant held a disciplinary personnel committee on disciplinary action with respect to the instant misconduct, and issued a dismissal disposition against the Plaintiff on November 19, 201 of the same year on the ground that “the violation of the regulations and the violation of the Criminal Act with respect to the assault case between employees of B branch offices” (hereinafter “instant dismissal disposition”).

On November 29, 2013, while the Plaintiff filed an application for reexamination, the Disciplinary Committee passed a resolution of the same content as the instant dismissal in the review procedure held on November 29, 2013.

The provisions concerning the dismissal of this case shall be as specified in the attached Form.

[Reasons for Recognition] Facts without dispute, Gap 1 through 6, 11 evidence, Eul 3 through 12, 14 evidence (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the legitimacy of the dismissal disposition of this case

A. The plaintiff's assertion that the defendant notified the plaintiff of the dismissal of this case and did not indicate the specific provisions of the violation.

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