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(영문) 대구고등법원 2016.08.25 2016나20245
해고무효확인등
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. The reasoning for the court’s explanation concerning this case is as follows: (a) to add “the instant pending disposition” in the fourth and fifth classes from the last day of the judgment of the first instance to “the instant disciplinary action”; and (b) to “the sixth to the third day from the last day of the judgment; (c) to retire on July 29, 2013”; and (d) to read “the first day to December 9, 2014” in the first day to read “the 9th day from December 2014 and December 10, 2014”; and (d) to read “the F from the last day to December 5, 2015” in the first instance to read “the third day from another person”; and (e) to read “the foregoing, from another person” in the second day to “the first half” in the court of the first instance as well as to add or modify it in the court of the first instance as set forth in the main sentence of Article 420 of the Civil Procedure Act.

2. Parts added or modified by the trial;

A. On the 9th anniversary of the judgment of the first instance court, the following shall be added to the "no evidence" of the 8th sentence:

On March 26, 2015, the Plaintiff filed an application with the Defendant for re-adjudication to change the date of review by the Review Committee scheduled as of March 26, 2015. However, the Plaintiff asserted that the Plaintiff’s defense was practically infringed in the instant disciplinary procedure since the Defendant rejected an application for change and did not notify the Plaintiff of non-permission.

However, the following circumstances are the absence of dispute or the overall purport of the argument in the statement in the evidence Nos. 9 (including additional numbers), namely, ① the Plaintiff received the written decision of the instant disciplinary action on March 2, 2015, and then requested a retrial for the instant disciplinary action against the Defendant on or around March 6, 2015. ② Accordingly, the Defendant accepted the Plaintiff’s request for retrial, and decided on March 17, 2015, that “The Review Committee shall be held at the second floor of the headquarters of D University University on March 26, 2015, and shall guarantee the Plaintiff the opportunity to make statements in the review process,” and then notified the Plaintiff of the decision.

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