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(영문) 대법원 2016.11.24 2015두54759
부당해고구제재심판정취소
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal on the defect in disciplinary procedure

A. If the rules of employment stipulate that the disciplinary committee must notify the disciplinary person of the date, time, and place of the disciplinary committee within a fixed period of time, this is for securing the objectivity and fairness of disciplinary action, and thus, the disciplinary action in violation of the procedure has no effect.

However, if there are special circumstances in which the person under disciplinary action voluntarily attended the personnel committee for disciplinary action and made sufficient vindication without raising an objection to the procedure for notification of attendance, even though there is a defect in the procedure, the defect in the procedure will be cured.

(1) In light of the above legal principles, the defendant company's disciplinary action shall be subject to deliberation by the personnel committee, and the personnel committee shall notify the relevant employee of the personnel committee's personal information, the details of misconduct, and the date, time, and place of the meeting of the personnel committee at least three days prior to the meeting of the personnel committee (hereinafter "the personnel committee of this case") by notifying the defendant company to the intervenor joining the defendant (hereinafter "the intervenor") of its holding of the above disciplinary measure. However, since the intervenor's attendance at the personnel committee of this case and sufficient vindication or waiver of his/her opportunity to vindicate himself/herself, it is difficult to deem that the disciplinary measure of this case is invalid due to any defect in the procedure of this case.

The court below held that the personnel committee of this case was held.

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