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(영문) 서울중앙지방법원 2010.11.11 2010가합46683
해고무효확인 등
Text

1. We affirm that the Defendant’s dismissal against the Plaintiff on October 14, 2009 is null and void.

2. The defendant shall make the plaintiff 21,000.

Reasons

1. Basic facts

A. The Defendant, on April 2, 2001, is one of the five power generation companies established by the Korea Electric Power Corporation under the Act on the Promotion of Restructuring of the Electric Power Industry (Korea Heavy Power Generation Co., Ltd., Korea Southern Power Development Co., Ltd., Korea Southern Power Development Co., Ltd., Korea Co., Ltd., Korean Western Power Development Co., Ltd, and the Defendant) and engaged in the electric production and supply business

From February 24, 2009 to August 31, 2009, the construction management division of the construction management division of the headquarters was employed by the Korea Electric Power Corporation on December 11, 1995, and from September 1, 2009 to August 31, 2009, the Plaintiff has worked as team members at the construction team of the same headquarters.

B. On October 13, 2009, the Defendant held a personnel committee and decided to dismiss the Plaintiff on the ground that “the Plaintiff, even if he is not a full-time employee, did not obtain prior approval from the company and neglected to perform his duties and did not comply with the Defendant’s order to return to the office of the department to which he belongs,” and notified the Plaintiff on October 14, 2009.

(hereinafter “instant dismissal”). After that, the Plaintiff appealed against the instant dismissal decision on October 22, 2009, the Defendant, on November 23, 2009, decided to hold a disciplinary review committee to dismiss the Plaintiff again, and notified the Plaintiff on November 25, 2009.

C. The defendant's provision regarding the dismissal of this case is as follows.

[Employment Rules] Article 10 (Duty of Good Faith) (1) Any employee shall faithfully observe the company's regulations and fulfill his duties imposed in accordance with the commercial officer's official order and instruction.

Article 73 (Disciplinary Action) Where an employee falls under any of the following subparagraphs by violating Acts and subordinate statutes or regulations, he/she shall be subject to disciplinary action:

1. When he violates his duties or neglects his duties;

3. Where he discloses confidential information of the company or disturbs the discipline and order.

6. When his attitude of service or service record is extremely poor;

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