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(영문) 서울중앙지방법원 2017.07.25 2016가합555561
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 parties concerned are corporations that are engaged in the banking business under the Banking Act, and the plaintiff was employed in the card business division of the defendant on December 3, 199 and was employed as the card business team leader from January 2014.

B. A credit card business team’s organization, etc. 1) In order to encourage customers to subscribe to credit cards issued by the Defendant, the Defendant directly visit a major national city, as set out in the following organizations, operated a credit card business team with an affiliated channel operating store in C, department stores (CSD) and D department stores (DD). As of October 31, 2015, the said credit card business team entered into a delegation contract with 120 employees including 34 full-time employees, and 1,137 credit card solicitors engaged in credit card business. 2) The Defendant recommended the credit card solicitors as the responsible person of each credit card business store, and supported the card solicitors to perform the affairs of attracting new issuance of the B card by supporting the card issuing affairs, and the Plaintiff performed the affairs of controlling the overall distribution of credit card sales in each of the national credit card companies.

C. During the period from August 1, 2015 to December 31, 2015, the Defendant implemented a protocol which provides incentives to the three business managers at the card operating stores that achieved the goal of issuing a new card.

(hereinafter “instant protocol”). D.

The reasons for the instant dismissal and the grounds for disciplinary action were informed that the Defendant forced the business manager to collect incentives paid to him/her, and the inspection and investigation was conducted from May 2016 to July 2016.

Since then, the Defendant given the Plaintiff an opportunity to vindicate, following the resolution of the Awards and Punishment Committee on August 10, 2016, decided to dismiss the Plaintiff on August 25, 2016, based on the grounds for the following disciplinary grounds, and notified the Plaintiff thereof.

b.0.0 c.

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