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(영문) 서울행정법원 2015.10.02 2015구합62149
부당해고구제재심판정취소
Text

1. On March 23, 2015, the Central Labor Relations Commission No. 2015 No. 28 between the Plaintiff and the Defendant’s Intervenor.

Reasons

On August 19, 2003, the plaintiff was employed by the defendant auxiliary intervenor (hereinafter referred to as the "participating") as an affiliate company, and worked for the intervenor company from January 1, 2005.

At the time of dismissal from the intervenor, the plaintiff was a chief in charge of the company in the Seoul Metropolitan Area.

An intervenor is a company established on March 31, 1995, which employs 1,200 regular workers and operates composite cable broadcasting business.

C Group conducted an audit of the Intervenor, an affiliate, from June 2, 2014 to July 30, 2014, and notified the Intervenor of the result on August 7, 2014.

According to the above audit results, the plaintiff made equity investment in a competitor company using a borrowed account, received money from the subcontractor, and made excessive monetary transactions with its executives and employees.

On August 22, 2014, an intervenor issued a notice to the Plaintiff on August 22, 2014 that the personnel committee was holding on the 26th of the same month to discuss matters concerning equity investment, receipt and payment of money, monetary transactions, and personnel measures regarding criminal acts, and submitted a written vindication by the 23th of the same month.

In the “Notice of Holding of Personnel Committee” (Evidence A8) issued by an intervenor to the Plaintiff, the date is indicated on August 21, 2014, but there is no dispute between the parties as to the fact that the delivery date is the 22th of the same month.

On August 23, 2014, the Plaintiff submitted a written vindication to the intervenors.

On August 27, 2014, the intervenor held a personnel committee without attendance of the plaintiff, and the personnel committee decided to dismiss the plaintiff.

On September 12, 2014, the intervenor issued a notice of disciplinary action that was not written by the dismissal date to the plaintiff, and on September 18, 2014, the intervenor sent the notice of disciplinary action that was written by the dismissal date to the plaintiff on September 18, 2014 by electronic mail along with the file.

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