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(영문) 서울고등법원 2018.05.30 2017누85476
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The court's explanation concerning this part of the decision of reexamination is identical to the reasoning of the judgment of the court of first instance as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Whether the decision on the retrial of this case is lawful

A. The summary of the Plaintiff’s assertion was sent to the Intervenor through content-certified mail (hereinafter “instant notice”), but the Intervenor did not receive part of the notice, and the Plaintiff publicly announced the instant notice on the company bulletin, and when the Intervenor’s action was taken, it should be deemed that the reason for dismissal was notified in writing because he was aware of the fact that the appointment was revoked, which is the content of the instant notice,. The Plaintiff revoked the appointment for reasons such as unauthorized absence from office and embezzlement of public funds. However, the Defendant’s reexamination decision was unlawful without any determination.

B. Article 27 of the Labor Standards Act provides that, if an employer intends to dismiss a worker, the employer shall be notified in writing of the grounds for and timing of the dismissal. This is to ensure that the employer is careful in dismissing the worker through written notification of the grounds for dismissal, etc., and that the dispute surrounding the dismissal can be resolved in an appropriate and easy manner after clarifying the existence and timing of dismissal and the reasons therefor, and that the employer can respond appropriately to the dismissal (see, e.g., Supreme Court Decision 2011Da42324, Oct. 27, 2011). 2) The purpose of Article 27 of the Labor Standards Act is to enable the employer to dismiss a worker during the trial period or refuse to conclude this labor contract at the expiration of the trial period, is the exercise of the right reserved by the employer. In light of the purpose of the trial system that intends to observe and determine the work eligibility, such as business ability, quality, personality, good faith, etc. of the relevant worker, it is recognized that the dismissal is more broad than ordinary.

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