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(영문) 대전지방법원 2016.11.23 2016구합100934
부당정직구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The plaintiff was established on January 22, 1985 under the Community Credit Cooperatives Act and operated a financial business by employing about 10 full-time workers at Jin-si. The defendant joining the defendant (hereinafter "the intervenor") is a person who was employed by the plaintiff on November 20, 1989 and went back on March 1, 1992, but went back as a general manager in charge of credit affairs of the plaintiff's head office on May 1, 197.

B. On February 6, 2015, the Plaintiff rendered a disposition of dismissal from position or standby order for six months on the ground that the Intervenor’s attitude as an employee is very unfaithful, violates the duty to obey orders, violates the duty to maintain dignity, breach the duty to maintain confidentiality, divulgence of confidential information, and violation of the Election Act. Accordingly, the Intervenor filed an application for remedy with the Seoul Regional Labor Relations Commission on March 9, 2015.

C. On March 19, 2015, the Plaintiff rendered a disposition of inorganic suspension from office against the Intervenor on the grounds of “violation of regulations, breach of good faith, violation of duty to obey, violation of duty to obey, friendly and fair, violation of duty to maintain dignity, violation of duty to maintain dignity, and violation of duty to give instructions and orders.” Accordingly, the Intervenor filed an application for remedy with the Sinnam Regional Labor Relations Commission on April 24, 2015.

On May 7, 2015, the Gyeongnam Regional Labor Relations Commission ruled on May 7, 2015 that all of the appeals filed by the Intervenor.

[Gyeongnam 2015 father-do109, 179(Joint)] e.

On July 3, 2015, the Plaintiff issued an order of reinstatement to intervenors, and ordered the Plaintiff to work for A branch.

F. On July 7, 2015, the Plaintiff notified the Intervenor of the attendance of the said personnel committee on July 15, 2015 due to the following disciplinary grounds (hereinafter “instant disciplinary grounds”).

1. Document Forgery: An intervenor, at the time of examination by the Changwon Regional Labor Relations Commission, shall be an employee at the time of the trial and a failure in the first instance as an employee of the employer.

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