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(영문) 광주고등법원 2015.11.18 2015나631
임금
Text

1. Of the judgment of the court of first instance, the Plaintiff’s claim for advance notice of dismissal due to dismissal on January 21, 2013.

Reasons

1. Basic facts

A. On March 1, 2009, the Plaintiff entered into an employment contract with the Defendant and served as the Secretary General through the Vice Director General of the Defendant Company.

B. On January 21, 2013, the Defendant notified the Plaintiff of the prohibition of attendance at work (hereinafter “instant notice of the prohibition of attendance”) on the ground that the Plaintiff repeated words that give severe insults to the club members (C and D) in the workplace and repeated acts that interfered with the performance of duties by spreading an unfounded confluence.

C. On January 22, 2013, the Plaintiff filed an application for remedy with the Jeonnam Regional Labor Relations Commission by asserting that the notice of the prohibition of attendance at the instant case was unfair. In the above procedure, the settlement between the Plaintiff and the Defendant was concluded and the settlement was made between the Plaintiff and the Defendant, and Article 16-3 of the Labor Relations Commission Act of February 28, 2013 (Recommendation, etc. of Compromise) of the Labor Relations Commission Act of Article 16-3 (Recommendation, etc. of Compromise) of the Labor Relations Commission Act of Article 16-3 (Recommendation, etc. of Compromise) (1) The Labor Relations Commission may either recommend or present a settlement ex officio

(3) When the parties concerned have accepted a proposal for compromise, the Labor Relations Commission shall prepare a protocol of compromise.

(5) A protocol of compromise prepared pursuant to paragraphs (3) and (4) shall have the effect of judicial compromise under the Civil Procedure Act.

The protocol of compromise set forth in this section (hereinafter referred to as “instant protocol of compromise”) has been drawn up, and the provisions of that protocol of compromise are as follows:

Reconciliation Clause

1. The Defendant shall pay the Plaintiff KRW 3,538,500 to the wages during the period of dismissal by March 4, 2013, and shall be reinstated to the original position as of March 6, 2013.

2. The plaintiff and the defendant shall not raise any civil, criminal and administrative objection with respect to the settlement of this case in the future.

3. The parties to the instant protocol of conciliation shall have the effect of judicial compromise pursuant to the Civil Procedure Act pursuant to Article 16-3 of the Labor Relations Commission Act, and after the compromise has been achieved pursuant to Article 71 of the Labor Relations Commission Rules.

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