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(영문) 서울행정법원 2016.12.09 2016구합63804
부당해고구제재심판정취소
Text

1. On April 12, 2016, the National Labor Relations Commission filed an application for reexamination of unfair dismissal relief with the Bank of Korea, Inc. 2016.

Reasons

1. Details of the decision on retrial;

A. On December 15, 1984, the Intervenor joining the Defendant (hereinafter “ Intervenor”) entered the Plaintiff, and served as the head of a branch office from December 30, 201 to December 17, 2013, from December 17, 201, C branch offices from December 18, 2013 to June 4, 2014, and from July 8, 2014 to July 16, 2015.

B. On July 2015, four inspectors belonging to the Plaintiff’s Office of Prosecutor inspected the Intervenor’s business details for four days from July 14, 2015, and inspected the Intervenor’s business details at D points where the Intervenor works on July 16, 2015.

C. On August 24, 2015, on the basis of the facts revealed as a result of the above inspection, the head of the personnel affairs division of the Plaintiff notified the Intervenor that he would be referred to the Personnel Council on August 31, 2015 on the ground that the Intervenor would be subject to a disciplinary action of three months of suspension from office against the Intervenor due to the grounds for disciplinary action.

After deliberation on August 31, 2015, the personnel council of the Plaintiff decided to exclude the intervenors from dismissal or accusation on the grounds of the foregoing disciplinary reasons.

E. On September 1, 2015, the Plaintiff notified the Intervenor that the Intervenor dismissed the Intervenor on the grounds of the foregoing disciplinary ground (hereinafter “instant dismissal disposition”), but did not file a complaint with the investigative agency against the Intervenor.

The details indicated by the Plaintiff as grounds for disciplinary action against the Intervenor in the above notice are as follows.

1. Voluntary use of customer funds;

A. On January 23, 2014, the intervenor requested the F Co., Ltd. (hereinafter “F”) to repay funds borrowed by the customer E from the F Co., Ltd. (hereinafter “F”), the intervenor was delivered the passbook with KRW 50 million deposited by E and the slips before the search is made. However, the intervenor did not immediately repay the funds, withdrawn the funds, and lent 20 million won to the relative, and paid the credit card payment by the intervenor.

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