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(영문) 서울고등법원 2015.01.19 2014나25599
해고무효확인 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The defendant is a corporation which is established on June 29, 1998 and carries on a comprehensive cooking business, such as casino, hotel, container, skiing ground, golf course, etc.

On February 24, 2003, the Plaintiff joined the Defendant and served as the endur of the casino table business team in 2011 and around 2012.

The following provisions concerning the defendant's disciplinary action include the following provisions:

(See attached Form .) If an employee of Article 41(1) of the Personnel Regulations falls under any of the following subparagraphs, he/she shall be subject to disciplinary action:

4. When he damages the defendant's reputation, regardless of a connection with his duties.

6. When he does not obey any justifiable order of the defendant or his superior with respect to his duties;

9. When a person violates his obligation to comply with Article 10 of the Rules of Employment, disciplinary action under Article 42 of the Regulations on Personnel Management shall be classified into dismissal, suspension from office, salary reduction, probation, and reprimand, and shall have the following effects:

1. Removal shall deprive the person under disciplinary action of his identity;

Article 10 of the Rules of Employment shall comply with the following matters:

4. They shall not receive, directly or indirectly, any reward, donation or entertainment, or borrow money in connection with their duties;

Criteria for deliberation on disciplinary action in attached Table 1 among the rules of disciplinary action;

1. When the defendant violates the regulations, rules, or guidelines: Dismissal, suspension from office, or reduction of salary;

3. Where money and valuables are received, case studies, gift, entertainment, entertainment, entertainment, and convenience from an interested party related to the interested party: Removal or suspension from office;

7. When he/she enters an overseas casino for any purpose other than his/her business, such as dismissal, suspension from office, and reduction of salary, when he/she violated the Defendant’s service regulations and disturbs the order or public morals: A new content was established on July 24, 2009; on December 15, 2009, the term “when he/she enters an overseas casino for any purpose other than his/her business (in cases of prior report to the company) and one-time tourism (in cases of prior report to the company),” and the disciplinary grade was added to “when he/she lends money between employees”: dismissal and suspension from office.

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