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(영문) 서울고등법원 2019.03.29 2018누66182
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Basic facts

A. Status of the parties 1) The Intervenor joining the Defendant (hereinafter “ Intervenor”)

(2) The Plaintiff is a juristic person that is established on February 7, 201 and ordinarily employs approximately two hundred workers and engages in the production and sales of broadcast programs. 2) The Plaintiff is a person who was enrolled in the Intervenor on November 16, 201 and works as the head of the General Affairs Team.

B. On October 20, 2015, the Intervenor dismissed the Plaintiff (1) and notified the Plaintiff on October 23, 2015, that the Intervenor’s disciplinary action against the Plaintiff was taken place on October 21, 2015, on the grounds that during civil litigation related to C’s embezzlement case, which served as the head of the Intervenor’s management support office, the Intervenor considered evidence stating the Plaintiff’s wrongful act. (2) The Intervenor requested disciplinary action against the Plaintiff. On October 22, 2015, the Intervenor notified the Plaintiff on October 23, 2015 (hereinafter “Disciplinary Committee”).

However, the plaintiff did not appear at the above Disciplinary Committee on the grounds of health.

Accordingly, on October 27, 2015, the Intervenor continued the procedure and notified the Plaintiff of the decision to hold a disciplinary committee again. However, on October 27, 2015, the Plaintiff: (a) on October 27, 2015, the Plaintiff proves that the auditor is null and void, the Intervenor cannot agree to the proceedings of the Intervenor; and (b) the Plaintiff requested the reservation of the disciplinary procedure.

For the auditor of your company: The auditor of your company is proceeding in the strong atmosphere of the employee of his company, and all relevant facts related to him shall be null and void and shall be entrusted to the legal judgment.

B. Regarding the holding of a disciplinary action: He/she wishes to hold a disciplinary action after the legal judgment because he/she was notified of the plaintiff that he/she would file a complaint or accusation, and wishes to do so for the recovery of health due to health reasons, but he/she did not wish to give sufficient time for the recovery of health, but he/she forced him/her to give a statement in the form of a unilateral form.

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