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(영문) 서울고등법원 2016.11.16 2016나2048806
해고무효확인등
Text

1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.

2. Claims for appeal costs and costs in the trial.

Reasons

1. Quotation of the first instance judgment

A. The grounds alleged by the Plaintiff in the trial while filing an appeal are not significantly different from the allegations in the first instance court, and the first instance court’s decision rejecting the Plaintiff’s assertion is justifiable even if the written evidence submitted by the first instance court at the examination of the evidence submitted by the first instance court (including each number), and the written evidence submitted by the first instance court at the examination of the evidence.

B. As to the instant case, the reasoning of the judgment of the court in the first instance is as follows: “3. Judgment” of the first instance court No. 11; “3. Judgment” of the first instance court No. 6; “B” of the first instance judgment as “a judgment as to the invalidation of the disciplinary dismissal measure of this case; “No. 18.” of the same part; “No. 27-1 and No. 2” is added as “a certificate of No. 21”; “No. 27-1 and No. 8 of the same part 71 through No. 8 of the same part 8; and “the fact that the Plaintiff appears to be an exceptional case in experience” of the first part 8-5 of the same part 5; “The Plaintiff and C were friendly with the original Defendant’s employee and customer relationship; and “No. 10.1 of the judgment below is hard to be deemed to have been related to the Plaintiff’s position or business; and “No. 21 of the Plaintiff’s statement” of the first instance judgment as “No. 17.2.1.2.2.1”

4. On the premise that the instant disciplinary dismissal disposition is null and void, the Plaintiff seeking payment of the amount equivalent to the wages from the date of the instant disciplinary dismissal to the date of reinstatement.

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