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(영문) 서울중앙지방법원 2016.03.31 2015가합544083
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 company that operates automobile manufacturing and sales business, and the plaintiff is a person who joined the defendant company on October 13, 2003 and worked in the B factory.

B. On January 7, 2015, the Defendant held a disciplinary committee and held it “from January 13, 2014 to December 12, 2012 of the same year, the Plaintiff “the Plaintiff was working in the name of two workers (the name of two workers who work in the adjoining two places of work, and the rest of one working person who works in the remaining places of work is rest).” ② On December 6, 2014, the Defendant violated his/her duty and left his/her place of work despite having received a legitimate working place from his/her superior on December 6, 2014. From December 6, 2014 to December 11, 2014, the Defendant made verbal speech to the leader of C, who is a commercial person, directly under the direct control of 01:00. ④ From November 13, 2014 to participate in the spouse’s restaurant business, the Defendant dismissed the Plaintiff on the ground that he/she left his/her place of work without permission.”

(The grounds for dismissal under the attached Form 2). The plaintiff appealed and filed a petition for review to the defendant. The defendant held a review disciplinary committee on March 10, 2015 and decided to dismiss the plaintiff as of January 12, 2015, as in the first instance trial disciplinary committee.

(hereinafter “instant dismissal”). If an employee under Article 14 (Dismissal) falls under any of the following subparagraphs, he/she may be dismissed:

1.A person who has been determined to be subject to a disciplinary dismissal under Article 64 (Disciplinary Action) of these Rules shall not be obliged to comply with the following on the basis of the principle of good faith:

6. It shall not concurrently hold office or engage in profit-making business other than that of the company without permission of the company.

7. He/she shall not engage in any conduct unrelated to the business of a company during working hours without permission from the company.

8. He/she shall not leave the workplace without permission of the head of his/her agency; 14. Other acts contrary to these Rules or the instructions of the head of his/her agency shall not be taken against dismissal.

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