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(영문) 수원고등법원 2021.03.25 2020나16484
해고무효확인
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. The Defendant is a social welfare foundation established for the purpose of establishing and operating a comprehensive welfare center for the disabled.

2) On June 22, 1998, the Plaintiff joined the C’s welfare center operated by the Defendant (hereinafter “instant welfare center”). On April 2017, the Plaintiff was in charge of the secretary general of the E-trade union organized in the instant welfare center while serving as the head of the team at the regional headquarters for protecting rights and interests.

B. On April 21, 2017, the Plaintiff submitted to the head of the instant welfare center for the reason that “the long-term nursing is required for the spouse’s parents from April 25, 2017 to one year.” The said center was accompanied by a disabled person certificate for D as stated in Grade 2 of disability type and rating extension, and as of February 8, 2005, on the date of registration.

2) On April 25, 2017, the head of the instant welfare center appears to be a clerical error in the hospital’s medical certificate and family relation certificate in family relation records to the Plaintiff, stating that additional documents that may recognize the grounds for temporary retirement (a long-term medical care and nursing is required for more than one year) are necessary.

By May 4, 2017, the letter of consent for the collection and utilization of personal information (written consent for the collection and utilization of personal information) stated “the guidance for submission of documentary evidence by a leave of absence”, and on May 12, 2017, the following details are as follows: (a) the second guidance for submission of documentary evidence by a leave of absence; (b) the second guidance for submission of documentary evidence by the leave of absence; (c) the Plaintiff urged the submission of documentary evidence on June 1, 2017 and June 20, 2017; and (d) the Plaintiff sent the third and fourth guidance to the effect that the Plaintiff is absent without permission from April 25, 2017.

Second guidance for the submission of documents according to the leave of absence;

(b) Details of evidence: Submission of documents of general leave of absence; (c) Document of diagnosis or opinion of a hospital for the care of parents of the spouse; register of family relations; and written consent for the collection and utilization of personal information (the collected personal information and documentary evidence shall be reversed without delay after confirmation);

(d) Time limit for submission: Until May 18, 2017;

(e) Return 1) n.

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