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(영문) 서울행정법원 2020.10.15 2019구합80886
부당해고구제재심판정취소
Text

All of the plaintiffs' claims are dismissed.

All the costs of lawsuit shall include the part resulting from the supplementary participation.

Reasons

Details of the Review Decision

A. The Intervenor joining the Intervenor (hereinafter “ Intervenor”) was a stock company established on March 5, 2015 by the small and medium enterprise distribution center, D Co., Ltd., and the organization jointly invested and was designated as a public institution (a quasi-public institution) affiliated with the Ministry of SMEs and Startups on January 2018, based on Article 5(4) of the Act on the Management of Public Institutions for the purpose of expanding the market for small and medium enterprise products and agricultural and fishery products.

An intervenor employs 330 full-time workers to produce and supply programs, home shopping programs, and other programs to support the development of markets for small and medium enterprise products.

B. On June 1, 2015, Plaintiff A was employed as the head of the F Team division as the head of the department, and Plaintiff B was employed as the head of the G Team leader on May 2, 2016.

From July 24, 2017 to September 27, 2017, the Plaintiffs traded the shares of “H” Co., Ltd. (hereinafter “subject company”) which is the manufacturer of the products manufactured by the Intervenor’s home shopping program (hereinafter “instant product”).

(hereinafter “instant stock transaction”). C.

The Intervenor held a personnel committee on December 20, 2018 on the ground that the Plaintiff’s stock transaction constitutes grounds for disciplinary action. The said personnel committee decided to dismiss the Plaintiffs on the ground that the instant stock transaction constitutes “i.e., violation of the duty of integrity or the code of ethics, (ii) violation of duties of integrity or the violation of the company regulations (Article 30.8 of the Personnel Management Regulations) and (iii) violation of duties or neglect of duties (Article 30.2 of the Personnel Management Regulations), and (iv) damage to the reputation of the company (Article 30.3 of the Personnel Management Regulations).

The plaintiffs filed an application for review, but the review personnel committee dismissed the application for review on January 28, 2019 and maintained the resolution of the personnel committee.

On February 28, 2019, the Plaintiffs asserted that each of the instant dispositions against dismissal was unfair and remedyed to the Seoul Regional Labor Relations Commission.

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