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(영문) 서울행정법원 2016.01.15 2015구합72573
부당해고구제재심판정취소
Text

1. On July 23, 2015, the Central Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

Reasons

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a foundation whose purpose is C business, and the Plaintiff was employed by the Intervenor’s Foundation on July 15, 2009.

On November 11, 2014, the representative director of the Intervenor Foundation demanded the personnel committee of the Intervenor Foundation to take disciplinary action against the Plaintiff as follows.

(1) The Plaintiff, on June 30, 2014, sent e-mail to all employees who have received e-mail without any objective ground for the e-mail, thereby impairing the reputation of the Foundation. In addition, the Plaintiff’s response to incorrect spread of the contents and personnel order (hereinafter “the first disciplinary ground”) against the Plaintiff’s disciplinary action on June 30, 2014 (hereinafter “the 2nd disciplinary action”), which was against the Intervenor’s Foundation’s personnel management (such as personnel authority, personnel committee decision, etc.). The Plaintiff sent e-mail to all employees who have received e-mail without the e-mail dispatched to the former employees, and caused them to have wrong thoughts about the foundation’s personnel affairs. In addition, the Plaintiff’s failure to comply with the Labor Standards Act would be subject to the punishment of the representative director, and the Plaintiff’s 2nd executive officer of the 20th anniversary of the Plaintiff’s request for consultation (hereinafter “the 3th anniversary of 20th anniversary of the Plaintiff’s request for management and re-in company’s request.

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