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(영문) 서울고등법원 2016.11.30 2015누1061
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

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

Reasons

1. Quotation of the first instance judgment

A. The reasoning for this Court is as follows.

In addition to the following 2. Paragraph (2), some of the contents are added to the judgment of the court of the first instance, and as such, they are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(B) According to the legal brief dated August 7, 2015, which stated the grounds for appeal, the Plaintiff maintained the argument that there is no ground for disposition of dismissal of the instant case and a disciplinary decision is unreasonable, as shown in the following 2.2.

In the second part of the judgment of the court of first instance, the part of the 7,8 line shall be deleted from 2 pages of the judgment of the court of first instance, and the part of the 2 line "the plaintiff shall be notified of the above removal on March 23, 2012" shall be made by the intervenor "the plaintiff shall be notified of the removal on March 23, 2012 (hereinafter "the dismissal of this case") and the plaintiff shall be made "the plaintiff."

The 4th 11th letter of the judgment of the court of first instance has been appointed as a library secretary, and the 4th 11th son has been appointed as a "employee".

The "I Museum" of the 4th 13th 14th 13 and 14th 14th 200 shall be added to "H Campus Museum."

At the fourth bottom of the judgment of the court of first instance, two parallels "round October 2009" have been raised " around September 12, 2009".

The 7th anniversary of the first instance judgment shall be referred to as the "E President" and the "E President" shall be appointed.

2. Additional determination

A. The gist of the Plaintiff’s assertion is that the Plaintiff was subject to a disposition of dismissal of the instant case following a resolution by the Intervenor Disciplinary Committee, and thereafter the procedure of reexamination was interrupted.

Article 29(3) of the collective agreement provides that "No review shall take more severe disciplinary action than the original judgment and the effect of disciplinary action shall be suspended until a decision on review is made."

(See Evidence A No. 29). The validity of the instant dismissal disposition against the Plaintiff was suspended, and the Plaintiff is currently at present.

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