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(영문) 서울행정법원 2019.02.14 2018구합62508
부당해고구제재심판정취소
Text

1. On March 6, 2018, the National Labor Relations Commission rendered an unfair suspension from office between the Plaintiff and the Defendant’s Intervenor in the Central Office of 2018.

Reasons

1. Details of the decision on retrial;

A. On January 27, 2003, the Intervenor joining the Defendant (hereinafter “ Intervenor”) is a corporation established for the purpose of software consulting, development and supply business, etc., and ordinarily employs approximately 45 workers in Guro-gu Seoul Metropolitan Government, the main office of the building C and D, and operates the above intended business.

From December 1, 2016, the Plaintiff served as the Head of Headquarters E of the Intervenor.

B. On July 14, 2017, the Intervenor notified the Plaintiff of the attendance at the personnel committee by e-mail. On the 20th day of the same month (hereinafter “the first personnel committee”) to hear the Plaintiff’s vindication, the Intervenor decided one month of suspension from office (from July 24, 2017 to August 23, 2017) based on Article 81 subparag. 1 and 5 of the Rules of Employment, and sent the Plaintiff by content-proof mail (hereinafter “instant suspension from office”). Specific disciplinary reasons stated in the meeting minutes of the relevant personnel committee were as follows. - From January 13, 2017 to May 11, 2017, the Intervenor prepared the Plaintiff’s e-mail statement at least 13 times, and continued to address the Plaintiff’s e-mail report on the business plan, etc., by the representative director’s e-mail and sent the Plaintiff’s e-mail to the Plaintiff on the ground that the Intervenor’s e-mail did not interfere with the Intervenor’s attendance.

(hereinafter referred to as “instant dismissal”). The relevant personnel committee shall be subject to dismissal.

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