(영문) 서울고등법원 2013.12.05 2013누13695

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(영문) 서울고등법원 2013.12.05 2013누13695

부당해고구제재심판정취소

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1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The costs of appeal shall be those resulting from the participation in the appeal;

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of the court of first instance, i.e., Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, i.e., Article 8(2) of the Civil Procedure Act, and Article 420 of the Civil Procedure Act, i.e., Article 8(2) of the Civil Procedure Act.

2. The addition;

A. When making a request for a disciplinary decision and making a disciplinary decision, the Plaintiff asserted B as the Intervenor B did not mention that B merely lent money to E, but did not mention that B merely lent money as gambling fund.

The first instance court judged the legitimacy of the instant disciplinary action by misunderstanding the legal principles on the grounds of mistake of facts and the grounds of disciplinary action, and taking the remaining acts of lending gambling loans to E as grounds of disciplinary action.

B. According to the facts of the first instance court’s recognition, the Plaintiff’s disciplinary committee’s initial disciplinary cause and the facts that the first instance court constituted a disciplinary cause, all of which are identical to the Plaintiff’s pecuniary transaction facts among the Plaintiff’s officers and employees. As such, the first instance court’s determination on the legitimacy of the disciplinary measure and the propriety of the second instance judgment based on the facts that the disciplinary cause against the Intervenor B was the cause of disciplinary action against the Intervenor B is justifiable.

The Defendant’s Intervenor B’s assertion is rejected.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion, and all appeals filed by the defendant and the defendant joining the defendant are dismissed. It is so decided as per Disposition.

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

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