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(영문) 대법원 2015.08.27 2013다99300
해고무효확인등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding ground of appeal No. 1

A. According to the rules of employment, when a certain disciplinary cause occurs to a worker, the person who has the right to request a disciplinary resolution first requests the disciplinary committee to make a disciplinary resolution based on the grounds for disciplinary action, and the disciplinary committee provides that the person who has the right to request a disciplinary resolution shall be given the person subject to disciplinary action an opportunity to state his/her opinion, and when making a disciplinary resolution, the disciplinary committee shall deliberate and determine only the person subject to the disciplinary cause for which the disciplinary resolution has been requested, and the disciplinary committee shall deliberate and determine only the person subject to the disciplinary action, and shall not make a disciplinary resolution by fundamentally correcting the grounds for disciplinary action for which the disciplinary resolution has been requested or adding other grounds for disciplinary action, such as circumstances that have occurred after the disciplinary resolution. However, the disciplinary committee may add or change the grounds for disciplinary action to

(See Supreme Court Decision 84Nu299 Decided September 25, 1984, Supreme Court Decision 2010Du12514 Decided December 9, 2010, and Supreme Court Decision 2010Da100919 Decided January 27, 2012, etc.). In addition, when determining whether a disciplinary action goes beyond the discretionary authority, the fact that a disciplinary action was not caused by the grounds for disciplinary action committed before or after the relevant disciplinary action, other than the ordinary conduct, performance, and disciplinary action, may also be deemed as reference materials for a disciplinary action.

(See Supreme Court Decision 96Da2378 delivered on April 23, 1996, and Supreme Court Decision 2002Da51555 delivered on June 25, 2004, etc.). B.

The lower court, citing the reasoning of the first instance judgment, recognized the facts as indicated in its reasoning. ① The grounds for the disciplinary action before March 11, 201, against the Plaintiff are the grounds for the disciplinary action.

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