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(영문) 광주지방법원 2016.11.17 2016가합54553 (1)
해고무효확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 18, 2007, the Plaintiff joined the Defendant and served as the B Team staff at the main branch office of Gwangju Jeonnam District Headquarters from March 4, 2013 to February 25, 2015.

B. On July 2013 and September 2013, January 2014, July 7, and September 2014, the Defendant received KRW 4,00,000 from C on-site agents D for a period of five times from C on-site team offices and resting rooms of C on-site agents, the Defendant dismissed the Plaintiff on February 26, 2015, in accordance with Article 10 (Duty of Good Faith), Article 11 (Prohibited Matters), Article 75 (Disciplinary Action) of the Rules of Employment, and [Attachment Table 2] of the Guidelines on Disciplinary Action.

(hereinafter “instant disciplinary action”). C.

The defendant's provisions related to the disciplinary action of this case are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the disciplinary action in this case is invalid due to the following defects. The Defendant should pay to the Plaintiff KRW 3,74,708 (=4,708 - (2,500,000 - 1,750,000) monthly subtracting KRW 750,000, excluding KRW 1,750,000, the average wage paid by the Plaintiff in the company re-employed from the date of the instant disciplinary action to the date of returning the Plaintiff to the date of returning to the Plaintiff).

1) The fact-finding that the Plaintiff received money from D through mistake of facts was erroneous for the Defendant to have recognized that the amount was KRW 2,500,000 as KRW 4,000,000, five times more than five times. 2) The Plaintiff abused the discretionary power, who served in good faith since its entry, and received several official commendations. The Plaintiff’s money and valuables received from D are not required by the Plaintiff, but are forced to provide it to be returned. However, it is not reasonable for the Plaintiff to do so.

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