logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.09.14 2014가합111205
해고무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The defendant is a company with 130 workers who sell computers and peripheral devices.

On May 24, 2010, the Plaintiff became an employee of the Defendant and served as an engineer (class: agency) who supplies computers and peripheral devices and provides technical assistance at the business support team of the technological support division from that time.

On July 28, 2012, the Plaintiff returned home to “C” (the specific details and contents of the case are as seen below 3-B; hereinafter the same shall apply) during the work prior to the customer company (hereinafter “C”), and upon the Defendant’s internal resolution on August 6, 2012, a request for deliberation on disciplinary action against the Plaintiff (hereinafter “instant request for deliberation on disciplinary action”) was made. Accordingly, on August 10, 2012, the personnel committee for deliberation on the Plaintiff’s disciplinary action and determination thereof (hereinafter “the instant personnel committee”) was held, but the resolution was not made.

On August 13, 2012, the Defendant issued a disciplinary dismissal disposition against the Plaintiff (hereinafter “instant dismissal disposition”).

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 34, 35, 37, 38, Eul evidence Nos. 12, 18, 19, 23, and 24, Eul evidence Nos. 12, 18, 19, 23, and 24 (including the branch numbers; hereinafter the same shall apply). The plaintiff asserted the purport of the whole pleading as follows, and the dismissal disposition of this case is invalid due to the violation of disciplinary dismissal procedures, the absence of grounds for disciplinary action, and the abuse of discretionary power. In addition, the plaintiff claims the confirmation of the invalidity of the dismissal disposition and the payment of the amount calculated

The defendant who violated the disciplinary dismissal procedure shall proceed with the disciplinary procedure against the plaintiff pursuant to Article 82 of the Rules of Employment and shall notify the plaintiff of the attendance of the personnel committee in this case. However, Article 62 of the Rules of Employment shall apply to the notice of dismissal of the worker.

arrow