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(영문) 서울행정법원 2015.09.17 2014구합62012
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The intervenor is a company engaged in the manufacturing of ships by ordinarily employing not less than 4,300 workers.

On October 17, 1994, while serving as the intervenor company, the plaintiff was subject to disciplinary action on November 27, 1997 and May 23, 2003 on May 1, 2006.

B. On October 7, 2013, the Intervenor held a personnel committee and caused the Plaintiff to neglect his/her duty to maintain dignity as an employee and to honor the company by violating the current law (hereinafter “Disciplinary Reason 1”), ② was engaged in profit-making activities through the operation of a game room other than his/her duties (hereinafter “Disciplinary Reason 2”) and ③ was invested KRW 55 million from E and F in the Intervenor Company, and used it as an employee, but did not report it to the Intervenor, thereby failing to report it to the Intervenor.

(hereinafter referred to as "Disciplinary Reason No. 3") decided to dismiss the Plaintiff as the grounds for disciplinary action (hereinafter referred to as "Disciplinary Reason No. 1, 2, and 3") of the instant disciplinary action.

The Plaintiff filed a petition for reexamination on October 18, 2013, but the Review Personnel Committee dismissed the Plaintiff’s petition for reexamination.

On October 22, 2013, the Intervenor notified the Plaintiff of the dismissal.

(hereinafter “instant dismissal”)

C. On November 18, 2013, the Plaintiff asserted that the instant dismissal constituted unfair dismissal, and applied for remedy against unfair dismissal to the Jeonnam Regional Labor Relations Commission. On January 15, 2014, the Jeonnam Regional Labor Relations Commission dismissed the Plaintiff’s request for remedy on the ground that the instant disciplinary cause was recognized and a disciplinary decision is appropriate.

On February 3, 2014, the Plaintiff appealed to the above initial inquiry tribunal and applied for reexamination to the National Labor Relations Commission. On May 14, 2014, the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on the same ground as the above initial inquiry tribunal.

(hereinafter “instant decision on review”).

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