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(영문) 서울고등법원 2020.07.07 2019나2049350
해고무효확인
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after filing the appeal.

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the first instance except for dismissal or addition as set forth below 2, and thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The following shall be added between 14 and 15 of the judgment of the court of first instance that is removed or added, and the item number of 15, 9, 11, 12, and 10 of the 5th sentence shall be considered as “A.”, “B.”, “C.”, and “D.”, respectively.

A person shall be appointed.

A. The Plaintiff’s assertion that the instant disciplinary action is procedural defect as follows, and is invalid not only because the grounds for disciplinary action are not recognized, but also because of the illegality of deviation from discretionary power.

Therefore, the Defendant is seeking confirmation of invalidity of the instant disciplinary action and payment of the amount at the rate of KRW 4,457,960 per month from July 1, 2018 to the date of reinstatement of the Plaintiff’s unpaid wages.

After the 6th judgment of the first instance court, the following is added. In addition, there is an error of excluding or neglecting the right of deliberation and resolution by the J as an employee disciplinary commissioner at the time of the decision of June 27, 2018 and the decision of July 19, 2018.

Article 7(1)2 and 3 of the Personnel Management Regulations provide that "not more than four members, such as operating members, external personnel, and employees, etc." and the executive secretary of the Personnel Management Committee shall be "one member of the personnel management committee appointed by the head of the personnel management committee (person in charge)" in Article 7(1)2 and 7(1)3 of the Personnel Management Regulations.

In addition, according to Gap evidence Nos. 37, 51, Eul evidence Nos. 34, 40, and 42, the chairperson G in the deliberation process of the personnel committee at the time of the resolution on June 27, 2018 shall have no right to vote because he/she is not a member of the personnel committee.

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