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(영문) 대구지방법원포항지원 2019.11.29 2019가합10052
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Facts of recognition;

A. On March 2, 2011, the Plaintiff joined the Defendant B Association located in North Korea-gu, North Korea-si (hereinafter “Defendant Association”) as a career employee, and worked as the head of the team from September 19, 2012 to the head of the team, from August 18, 2013 to the head of the department.

B. The Plaintiff was indicted on December 28, 2012 by the Daegu District Court Port Support 201Ma1517, 201, on the following grounds: (a) on April 8, 2011, upon receiving a loan request from E and implementing a real estate security loan as collateral for the F-owned G at port; and (b) on the charge that he/she received entertainment, including drinking, from an entertainment drinking club, 500,000 won, on a total of 24 occasions; and (c) on the charge that he/she received entertainment from an entertainment drinking club.

C. On February 12, 2015, the Plaintiff was sentenced to a suspended sentence of two years, community service 120 hours, 1890,000 won, due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, by the above court, for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and was sentenced to a conviction of additional collection of KRW 20 hours, community service 120 hours, and 189,000. The Plaintiff and the prosecutor appealed the above judgment (Tgu District Court 2015No1049) but the Plaintiff appealed as Supreme Court Decision 2016Do

[hereinafter] The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) is "the misconduct of this case" and the conviction is "the final judgment of this case".

On November 16, 2017, on the ground of the instant misconduct and the instant criminal final judgment against the Plaintiff, the Defendant Union issued a disposition of ex officio dismissal pursuant to Article 28 of the Personnel Regulations of the Defendant Union. On April 6, 2018, the Defendant Union opened a board of directors to take a disposition of disciplinary dismissal pursuant to Article 20 of the Regulations on the Inspection and Sanctions of HA and Article 48 of the Enforcement Rule of the said Regulations.

(hereinafter referred to as "each of the instant dispositions" in total of the above dispositions of ex officio dismissal and disciplinary dismissal.

Acts and subordinate statutes and regulations related to the dismissal of the defendant union shall be written in attached Form.

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