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(영문) 광주지방법원 2016.01.21 2015가합53799
해고무효확인 등
Text

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

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

Reasons

1. Basic facts

A. The relevant Defendant is a company running an insurance business, such as automobile insurance, and the Plaintiff is an employee who was employed by the Defendant on July 3, 2007 and served as the chief of appointment at the Defendant’s Honam Compensation Center B (hereinafter “B”) from April 1, 2013.

B. The Defendant: (a) the Defendant retired from the position of director at the Defendant’s Chungcheong Compensation Center C as of July 31, 2014; and (b) the Defendant retired from the position of director on July 31, 2014; and (c) the Chungcheong Compensation Center C (hereinafter “C”) on August 1, 2014.

3) The appointment of personnel management to transfer to another person (hereinafter “instant transfer order”)

(2) The Defendant sent a written notice of the attendance request and a letter of demand for compliance with the personnel order to notify the Plaintiff that the Plaintiff will work in C as the Plaintiff did not comply with the instant transfer order. 2) The Defendant sent the notice of attendance request and a letter of demand for compliance with the personnel order to notify the Plaintiff that he will work in C, but the Plaintiff did not work in C.

C. The Defendant’s dismissal decision 1) The Defendant held a disciplinary committee on October 13, 2014 as the Plaintiff did not continue to work C, and held a decision to dismiss the Plaintiff as of October 16, 2014 (hereinafter “instant dismissal decision”) on the ground that “the Plaintiff’s refusal to issue a legitimate personnel order, absence from work place (one day), and absence from work without permission for a long time (21 day),” etc.

After doing so, on October 15, 2014, the Defendant notified the Plaintiff of its result. 2) The Defendant’s personnel regulations provide the type of disciplinary action and the grounds for disciplinary action as follows.

Article 44 (Types of Disciplinary Action) (1) Any disciplinary action shall be dismissal, suspension from office, reduction of salary, and reprimand.

(2) Among the disciplinary actions referred to in paragraph (1), the dismissal or suspension from office shall be a heavy disciplinary measure, and salary reduction and reprimand shall be a minor disciplinary measure.

The staff falling under any of the following subparagraphs shall be subject to disciplinary action following a resolution of the personnel committee:

1. A person who violates Acts and subordinate statutes, articles of incorporation, regulations, orders or pledges;

2. The honor, good faith or position of a company, regardless of a connection with its functions;

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