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(영문) 서울고등법원 2015.11.27 2015나2006348
회사에 관한 소송
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The defendant is a foundation established to support research projects necessary for the unification and external relations between South and North Korea, to train human resources, and to conduct education and training projects. On July 1, 1987, the plaintiff joined the defendant foundation, who works for the secretary general through the head of the planning and general affairs division and the head of the corporation team, and was engaged in the overall affairs concerning the operation of the board of directors of the foundation, the fund management affairs of the foundation, and the corporate accounting affairs

◎ 인사규정 피고 재단 전체의 인사규정은 없으나, 피고의 직제규정(을 제41호증) 제6조 제5항에 의하면 ‘법인사무국의 직원은 따로 정함이 없는 한 연구소 직원에 관한 모든 규정을 준용한다’고 되어 있으므로 피고 산하 AH연구소 직원에 관한 인사규정(을 제1호증)이 원고에게 준용된다.

Any person falling under any of the following subparagraphs shall be subject to disciplinary action:

1. A person who commits an unlawful act;

5. A person who causes substantial damage to the research institute intentionally or by gross negligence;

7. The kinds and effects of disciplinary action under Article 41 against those who violate the regulations and regulations, such as service regulations of the Agency, shall be as follows:

1. “A reprimand” shall be given in writing.

2. The term "receive" shall not exceed one month and shall be submitted a reflective statement.

3. The term "salary reduction" shall reduce the amount of ordinary wages by 10 percent within the extent of two months.

4."Suspension from office" shall be cancelled to a position within six months and shall be reduced by 10 percent of the ordinary wages;

5. “Dismissal” shall deprive a person of his status.

Article 44 (Establishment of Committee) The Personnel Committee (hereinafter referred to as the "Committee") shall be established to deliberate on important matters concerning personnel affairs.

Article 45 (Composition of Committee) The Committee shall be organized as follows:

1. Members shall be comprised of not less than four but not more than seven members appointed by the warden, and their terms of office shall be one year; and

C. The warden, if necessary, shall appoint a non-party expert who is less than half of the total members as above.

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