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(영문) 서울중앙지방법원 2015.10.22 2014가합62348
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a corporation established for the purpose of contributing to the realization of citizen cultural welfare through the expansion of citizens’ opportunities to enjoy culture and the creation and operation of cultural and arts spaces that can contribute to the promotion of culture, as prescribed by the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of the Sejong Cultural Center, which is a foundation of the Seoul Special Metropolitan City.

B. On February 7, 1986, the Plaintiff is serving as Seoul Metropolitan Government Non-Governing Member.

Retirement, and on July 1, 199, the Seoul Special Metropolitan City dance group affiliated with the defendant was employed as dance members.

C. On July 26, 2005, the Defendant held a personnel committee and passed a resolution on the dismissal of the Plaintiff on the ground that “It is deemed impossible to maintain the Plaintiff’s membership status to the extent that the Plaintiff’s skill significantly falls short of that of other members, and that it is considerably impossible to maintain the Plaintiff’s skill at the time of performance to the extent that the performance does not have to become another member

On July 28, 2005, the plaintiff was dissatisfied with the above dismissal decision and requested a retrial to the defendant. On August 4, 2005, the defendant held a review personnel committee and decided to dismiss the plaintiff for the above reasons.

Article 46 (Grounds for Disciplinary Actions)

7. Article 47 (Types of Disciplinary Measures) where disciplinary measures are requested according to the results of evaluation;

1. Warning;

2. Reprimand;

3. Salary reduction;

4. Suspension from office;

5. A defendant under Article 51 (Dismissal) shall not dismiss a member by any means, such as rules of employment, except in any of the following cases:

2. Where it is decided to dismiss the grounds under Article 46 and the disciplinary action satisfying the procedures under Article 48;

D. The defendant's provisions pertaining to disciplinary action in the collective agreement are as follows.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 3, 4 and 5, purport of the whole pleadings

2. The dismissal of the Plaintiff’s assertion is null and void since there is no ground for disciplinary action, and it is unreasonable to determine the dismissal.

3. Determination

A. 1 Determination on the existence of the grounds for disciplinary action ) Article 2 of the principle of evaluation in Chapter 1 (Evaluation of Members subject to evaluation) of the labor-management agreement.

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