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(영문) 서울행정법원 2016.12.15 2016구합51474
부당해고구제재심판정취소
Text

1. On December 3, 2015, the National Labor Relations Commission rendered relief for unfair dismissal between the Plaintiff and the Intervenor.

Reasons

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was established on October 5, 1987 and engaged in the manufacturing, processing, and selling of household appliances. The Plaintiff was enrolled in the Intervenor on November 18, 2002 and was working as the coolant design of the Design Center from July 1, 2007.

The Intervenor’s joint management instruction team of the instant disciplinary action against the Plaintiff was informed of the internal information and conducted an audit of the design center to which the Plaintiff belongs, and reported the result to the Intervenor on April 27, 2015.

(2) On June 4, 2015, the Intervenor dismissed the Plaintiff on the following grounds for disciplinary action based on the result of the instant audit.

(hereinafter “instant disciplinary action”). 【Grounds for Disciplinary Action】

1. The Plaintiff shall instruct E, who is a person in charge of the settlement of expenses, to make a false statement of transaction details in collusion with C (Representative D) that has invested personal funds, from April 2009 to December 2014, and shall pay a total of KRW 456 million for additional work expenses, etc. in an unjust manner.

2. To provide credit cards in return for consideration for the registration of a trader of C and the convenience of transactions in which the principal has invested in F with respect to the design planning and distribution of unfair money or goods, using the quantity of KRW 45 million from April 2009 to December 2014.

3. Receipt of money and valuables;

A. In October 2014, the corporate card was received from (B)G (B) and then changed to H; hereinafter referred to as “G”) and used 3.6 million won for private purposes.

(b) At the time of a domestic SBS show in February 2013, 2013, 2.640,000 won has been collected from G in terms of the purchase cost of goods consumed in the design show.

(c) to use food, leisure sports costs/personal use, etc. for the purpose of food, leisure sports costs/personal use, etc. received from an I company one million won each, under the pretext of the necessity of the workshop costs for the coolant design of July 2014;

4. Purchasing goods at a higher price.

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