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1. The plaintiff's claim is entirely dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Factual basis
A. Defendant School Foundation B (hereinafter “Defendant Corporation”) is an educational foundation that operates the E school, Defendant C is the chief of the Defendant Corporation, and Defendant D was appointed as the principal on September 23, 2011 as the resolution of the board of directors of the Defendant Corporation (hereinafter “instant resolution”) and the term of office expired August 31, 2015.
B. Defendant D, while serving as the principal of the E school on April 6, 2012, proposed removal from position against the Plaintiff to Defendant C, the chief director of the E school, and Defendant C accepted the removal from position, and on April 9, 2012, Defendant C accepted the removal from position, ordering the Plaintiff to suspend attendance at work for 90 days from April 10, 2012 (hereinafter “instant removal from position”).
In addition, on May 18, 2012, Defendant D requested the board of directors of Defendant D to make a decision on disciplinary action against the Plaintiff, and the decision on disciplinary action was passed by the board of directors of Defendant D corporation.
On June 14, 2012, Defendant C decided to hold a general staff disciplinary committee to dismiss the Plaintiff, and the result of the dismissal was notified to the Plaintiff on June 25, 2012.
(hereinafter “instant dismissal disposition”) C.
On July 5, 2012, the Plaintiff filed a lawsuit against the Defendant Corporation seeking confirmation of invalidity of the instant disposition of removal from position and release from position, and payment of wages calculated at the rate of KRW 4,067,820 per month from June 26, 2012 to the Plaintiff’s reinstatement. On May 3, 2013, the court of first instance rendered a judgment dismissing the Plaintiff’s claim on the ground that the instant disposition of removal from position and removal from position are recognized to have justifiable grounds and that there is no unlawful procedural defect.
On December 4, 2013, the appellate court rendered a judgment dismissing the Plaintiff’s appeal on December 4, 2013, against which the Plaintiff appealed as Busan High Court 2013Na3897.
The plaintiff appealed by Supreme Court Decision 2013Da99300, but the Supreme Court sentenced the dismissal of the appeal on August 27, 2015.
In addition, the plaintiff goes against Busan Regional Labor Relations Commission.