logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.01.12 2017나2041901
해고무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Summary;

A. The instant case seeks payment of unpaid wages upon seeking confirmation of invalidity of the instant dismissal disposition rendered on December 8, 2015.

The ground for the instant disciplinary action against the Plaintiff is that the Plaintiff did not properly control and supervise the inspection and examination of the instant D’s task while taking overall charge of the inspection and examination task, and that the Plaintiff provided the Defendant with the cause for filing a lawsuit claiming payment of the instant D’s price, disregarding the opinion of the Korea Meteorological Administration, which is an end-user institution, and that E, the supplier, etc. provided the Defendant with the reason for the instant lawsuit. The president, etc. did not take appropriate measures against the Plaintiff, even though he/she obstructed the inspection and examination task by forcing the Defendant to notify the results of the inspection and examination results, he/she exercised the pressure that the instant D would be subject to the “conformity” by unfairly interfering with the inspection and examination work, and the Korea Meteorological Administration sent a false report stating a substantial portion of the D’s false or unclear fact with respect to D, and testified that the report, etc. in the relevant lawsuit was

B. The judgment of the first instance court did not separately examine the Plaintiff’s assertion regarding disciplinary action and ordered the payment of unpaid wages, on the ground that the statute of limitations has expired even after recognizing the grounds for the instant disciplinary action.

C. First, this Court determines otherwise from the judgment of the first instance court in that the statute of limitations against the instant disciplinary ground is not completed.

(1) If a business operator prescribed the enforcement date while preparing and amending the rules of employment, the rules of employment becomes effective as the enforcement date prescribed therein, barring special circumstances, and thus, where the rules of employment were amended between the time a ground for disciplinary action arises and the time a disciplinary procedure is requested, the amendment to the rules of employment at the time of requesting disciplinary procedures

arrow