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(영문) 서울중앙지방법원 2016.04.07 2015가합521011
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

C. Around July 7, 2014, the Plaintiff was dismissed on the ground that the Plaintiff had been dismissed on July 7, 2014, on the ground that the Plaintiff was habitually unreshed, unauthorized leave of work, private activities during working hours, failure to give instructions, violation of instructions, and the company’s image. On July 7, 2014, the Plaintiff notified the Plaintiff in writing.

(F) On July 18, 2014, the Plaintiff dissatisfied with the decision of the said Disciplinary Committee, and filed an application for reexamination with the Defendant. On July 24, 2014, the Defendant held a Review Disciplinary Committee and made a decision on July 24, 2014 to maintain the decision of the said Committee as it is.

G. On August 18, 2014, the Plaintiff filed an application for unfair dismissal with the Gyeonggi Regional Labor Relations Commission on the ground that the dismissal of the instant case was unfair, but the Plaintiff was dismissed on October 15 of the same year. On November 19, 2014, the Plaintiff filed an application for reexamination with the National Labor Relations Commission on the ground that the dismissal of the instant case was unfair, but was dismissed on January 26, 2015.

H. The Defendant’s rules of employment and collective agreement regarding the dismissal of this case are as follows.

* Article 5 of the Rules of Employment (Principle of Good Faith)

1.The Company shall work for an employee in accordance with the terms and conditions of employment prescribed in these Rules, and the employee shall fulfill in good faith the duties assigned to him/her in compliance with such rules.

3. No employee shall always engage in any conduct that may impair the reputation of the company by complying with good faith and disregarding character;

Article 17 (Service Rules)

3. He/she shall always be an employee of modern motor vehicles with pride and self-esteem, observe order and discipline, and shall promptly and accurately handle his/her duties;

7. He/she shall not engage in any business unrelated to the affairs of the company during working hours without permission of the company.

8. He/she shall not leave his/her workplace without permission of the head of his/her office; 14. Other acts contrary to these Rules or the instructions of the head of his/her office shall not be performed, and the employees falling under any of the following subparagraphs may be dismissed:

14. A person whose attitude of service or service performance is extremely poor and who is considered not likely to be improved. This Rule shall apply.

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