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(영문) 서울고등법원 2015.10.16 2015누38483
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs of supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The grounds for the plaintiff's assertion in the trial at the trial while filing an appeal are not significantly different from the grounds for the plaintiff's assertion in the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the court of first instance, and even if the evidence submitted at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the examination of each statement of Gap's evidence Nos. 2 through 40

Therefore, the reasoning of the judgment of the court concerning this case is as follows: “The net income of 66 million won in the year 2013” of the first instance court’s 3th 11th 11th e.g., “the net income of 2013” and “the net income of 4.2 billion won in the year 2013,” respectively, and the sixth 12 and 13th e.g., “government affairs” are amended to “government affairs,” and the judgment on the allegations emphasized by the plaintiff in the trial is as stated in the first instance court’s 1 and 2th e.g., Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Determination as to addition of the claims asserted by the Plaintiff, emphasizing at the trial

A. The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff was making full efforts to avoid dismissal under Article 24 of the Labor Standards Act; (b) the Plaintiff closed a certain place of business, such as the Southern-dong Branch, paid bonuses differently; and (c) abolished the system of dividend payment for its members. In addition, the Plaintiff made full efforts to avoid dismissal under Article 24 of the Labor Standards Act by conducting a desired retirement twice prior to the instant layoff; and (d) re-insigning the person subject to layoff into contract position or exchanging personnel; (a) making full efforts to avoid dismissal among the requirements for layoff is possible to minimize the scope of dismissal by the employer, such as rationalizing management policies and work methods, prohibiting new employment, utilizing temporary leave and voluntary retirement, and transfer.

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