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(영문) 서울고등법원 2017.12.06 2017누60330
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

The reasoning of the judgment of the court of first instance is as stated in the part on the grounds of the judgment of the court of first instance, with the exception of using some parts as stated in the following Paragraph 2 and adding the following Paragraph 3. As such, Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act shall be cited. The part on the judgment of the court of first instance, which was completely used, shall be as follows: (3) On December 23, 2014, the intervenor appealed with the JJ as an employee of the plaintiff office at around 23:50, and was under investigation by the police upon the JJ’s report (hereinafter “J violence case”). In this regard, the intervenor filed an appeal by the Seoul Northern District Court of Justice 200,000 won for summary order as an injury crime, and thus, the intervenor rejected the above judgment of the court of first instance as to whether the intervenor was not guilty (hereinafter “instant formal trial”) and dismissed the Intervenor’s appeal by the court of first instance as to KRW 2016.216.7.

The evidence No. 35 of the No. 4 provides that “A” means a written statement stating the fact that K had no position as the team leader from the company,” and that it is difficult to acknowledge that the Intervenor voluntarily appointed K as the team leader, and there is no other evidence to acknowledge this otherwise, and that the Intervenor’s statement No. 5-1 provides that “A” means that “A” means that “A” is “the president’s direct telephone.” The statement of the evidence No. 5-1 refers to objective materials to support this.

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