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(영문) 서울행정법원 2018.11.01 2018구합55777
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a corporation that ordinarily employs approximately 80 workers and engages in the automobile parts manufacturing business, etc.

The Plaintiff is a person dismissed on June 15, 2017 (hereinafter referred to as “instant dismissal”) while serving as the Intervenor’s employee.

Article 21(1) of the Act provides that a company shall use the company’s e-mail accounts, assets, etc. during working hours for the purpose of using the company’s assets for personal purposes (hereinafter “Disciplinary Reason 2”) for the purpose of using (i) the company’s e-mail accounts, assets, etc. for the purpose of pursuing other business activities and promoting private interests (hereinafter “Disciplinary Reason 3”), such as the establishment of a company under the name of his/her spouse and his/her spouse, and (ii) without permission to use the company’s assets for personal purposes (hereinafter “Disciplinary Reason 2”) during working hours (from August 23, 2011 to August 11, 201 and (ii) using 217 e-mail and documents and receive 217 e-mail and documents, and (iii) providing 5% of the company’s funds for business activities and pursuing private interests using occupational ethics (hereinafter “Disciplinary Reason 3”), and Article 28(3) of the Act provides information on the grounds for disciplinary action and disciplinary action against his/her employer.

B. Specific grounds for the dismissal of the instant case are as follows.

C. On August 9, 2017, the Plaintiff asserted that “the instant dismissal is unfair” and filed an application for unfair dismissal with the Gyeonggi Regional Labor Relations Commission.

On October 10, 2017, the Gyeonggi Regional Labor Relations Commission has no authority and responsibility for the personnel affairs of the Intervenor.

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