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(영문) 서울고등법원 2015.01.19 2014나2000138
해고무효확인
Text

1. Articles 1 and 2 of the judgment of the court of first instance, including the claim extended at the trial of the plaintiff A.

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.

Plaintiff

A was employed by each defendant on April 19, 2004, and on October 25, 2004, and around 2011 and around 2012, the plaintiff B was employed as a part of the C Team.

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 the defendant violated the defendant's service regulations and disturbs the order or public morals (16) entry into an overseas casino for any purpose other than his/her business, such as business trip and training, was newly established on July 24, 2009. On December 15, 2009, the term "when entry into an overseas casino for any purpose other than his/her business (in cases of prior reporting to the company)" was revised as "when entry into an overseas casino for any purpose other than his/her business (in cases of business trip and training) and one-time tourism (in cases of prior reporting to the company)," and the disciplinary grade was added to "when the employee loans money among his/her employees: dismissal."

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