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(영문) 광주지방법원해남지원 2014.09.18 2014가합3249
해고무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From around 2006, the Plaintiff is an employee dismissed pursuant to the provisions of Articles 9 and 26 of the Regulations on the Contract for Life in the Navy and the Management of Fixed-Term Workers on November 22, 2013 while working as a street cleaners at the management office of the Defendant B, which is a inorganic contract worker, from around November 2013. The above provisions are as follows.

Article 9 (Disqualifications) In any of the following cases, no person shall be employed as an inorganic contract or fixed-term worker:

4. A person who was sentenced to imprisonment without prison labor or heavier punishment and for whom two years have not passed since the expiration of the period of the suspension of the execution thereof, shall be terminated as a matter of course, if a life contract or a fixed-term worker falls under Article 9;

B. On March 22, 2012, the Plaintiff attended a meeting to object to the construction of a thermal power plant held in the presence of approximately 1,550 persons in front of the Gun square of the Gun in front of the Gun/Gu in the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Republic of Korea on March 22, 2012, in order to occupy a Gun room while participating in the meeting of opposing the construction of a thermal power plant, the Plaintiff removed the Gun room installed on the front of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Republic of Korea with multiple power together with the other Gun during the other Gun, and thereby remove the Gun room in front of the Gun of the Gun of the Gun of the Republic of Korea on March 13, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. The plaintiff's assertion is not a public official who requires high level trust and integrity, but is an employee who has entered into a life insurance contract with the defendant as a local government, and the duty in charge is also environmentalized, and the plaintiff's misconduct is in accordance with the criteria under attached Table 2 of Article 40 of the Maritime Life Insurance Contract and the Management Regulations for Fixed-Term Workers.

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