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(영문) 대전지방법원 2016.04.27 2015구합747
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was established on December 1, 1980 and employs approximately 364 full-time workers, and the Plaintiff joined the Intervenor on February 20, 2007 and served as the secretary general at the Gyeongnam-do Saemaeul Association B (hereinafter referred to as the “B Branch”) which is the Intervenor’s branch.

1. Affairs and improper management of accounts;

(a) Payment of personnel expenses and management expenses improper;

(b) improper keeping of accounting-related documentary evidence;

(c) Purchase of goods and unfair orders;

(d) improper performance of C projects (military automobiles);

E. The holding of an ordinary general meeting in 2012, which held in 2012, 1) improper in preparing data on settlement of local government subsidies in 2012, 2012.

2. Failure to comply with a disposition instruction as a result of audit conducted in 2013;

(a) Audit and disposition instructions: August 1, 2013;

Promotion of Implementation of Disposition Orders (1j): January 22, 2014

Measures to refund KRW 1,00,000 in 1,000 in the difference of the expenses for military vehicles and seedlings - Measures to refund KRW 1,000,00 in the case of a refund of KRW 365,00,00,00,00, not submitting a report on the result of a disposal instruction as of August 26, 2014

3. Issuance of a letter of promotion for performance related to the issuance of personnel orders, which has not been complied with on August 26, 2014, by the head of the Secretariat of the Branch on May 1, 2014, although he/she ordered the head of the Secretariat of the Branch to be transferred to him/her, on August 26, 2014: The notice of disciplinary action in accordance with personnel regulations

4. That he/she fails to work at the place of the order of absence from work without permission;

B. On September 19, 2014, the Intervenor rendered a dismissal disposition against the Plaintiff for the following reasons (hereinafter “instant dismissal disposition”).

C. On September 19, 2014, the Plaintiff filed an application for remedy against the Intervenor’s request for unfair dismissal seeking reinstatement and wage payment with the Gyeongnam-do Saemaul Association (hereinafter “Seoul-do Saemaul Association”) with the Gyeongnam-do Saemaul (hereinafter “Seoul-do Saemaul Association”), but added the Intervenor to the other party on October 20, 2014. The said application for remedy was filed on November 17, 2014.

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