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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff entered the C Bank on January 23, 1990, and served as the head of Japan's office from January 19, 2012 to December 31, 2013, and as the representative of Japan's branch office from January 1, 2014 to September 1, 2015.
C Bank merged with B on September 1, 2015 and changed its name to B.
(hereinafter referred to as “Defendant”, covering before and after the merger. (b)
On August 19, 2015, the Defendant notified the Plaintiff that “(i) private financing brokerage, (ii) violation of the duty to prohibit private lending and borrowing of money, (iii) inappropriate financial transactions with trading companies, (iv) unfair handling of overseas remittance, and (v) unfair instructions to employees” (hereinafter “Disciplinary Reason Nos. 1 through 5”) were the grounds for disciplinary action.
On August 27, 2015, the Defendant decided to be subject to disciplinary dismissal against the Plaintiff by the personnel committee, and notified the Plaintiff of the instant dismissal on August 31, 2015, stating “(1) and (5) grounds for disciplinary dismissal” to the Plaintiff.
(‘instant dismissal’. On September 11, 2015, the Plaintiff filed a motion for reexamination with the Defendant on September 11, 2015, but the Defendant dismissed the application for reexamination and maintained the disposition of dismissal of the instant case on November 18, 2015.
C. On November 30, 2015, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission on the ground that the dismissal of the instant case was unfair. The Seoul Regional Labor Relations Commission, on January 25, 2016, cannot take the grounds for disciplinary action (private financing brokerage) as the grounds for disciplinary action, and determined that the dismissal of the instant case was unfair on the ground that the dismissal of the instant case was excessive, even if other grounds for disciplinary action
(D) On May 30, 2016, the Defendant filed an application for review with the National Labor Relations Commission, and the National Labor Relations Commission revoked the initial trial tribunal of the Seoul Regional Labor Relations Commission and dismissed the Plaintiff’s application for remedy on the grounds that both the grounds for the instant disciplinary action are recognized, the disciplinary action is reasonable, and no procedural defect exists.
(E) The Defendant is a branch office of the Japanese District C Bank.