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1. On July 6, 2017, the National Labor Relations Commission rendered a remedy for unfair dismissal between the Plaintiff and the Intervenor.
Reasons
The plaintiff is a public corporation established under the Korea Gas Corporation Act, which runs the business of constructing and operating natural gas supply and supply networks, and the defendant joining the defendant (hereinafter referred to as the "participating") who entered the plaintiff corporation on January 7, 191 and worked as B Team Deputy Director from July 1, 2012 to December 31, 2015, and was promoted to Grade 2 on January 1, 2016, and served as C Headquarters D team leader.
From April 28, 2016, the Board of Audit and Inspection conducted an audit on the Plaintiff’s “non-verification of interest, such as a contract,” with the Plaintiff, and demanded the Plaintiff to detect the misconduct in which the Plaintiff received the total amount of KRW 4,147,591 from the executives and employees of five companies, including E, who are duties-related persons, on 19 occasions from May 4, 2013 to February 1, 2016 (hereinafter “instant disciplinary cause”), and to take a disciplinary measure against the dismissal of the Plaintiff.
On November 24, 2016, the Plaintiff held a standing personnel committee and decided to dismiss the Intervenor on the ground that the instant disciplinary cause violates Articles 37 (Duty of Good Faith) and 42 (Duty of Integrity) of the Plaintiff’s Personnel Management Regulations, and notified the Intervenor of the said disciplinary measure on November 29, 2016.
(hereinafter “instant dismissal disposition”). On February 8, 2017, the Intervenor asserted that the instant dismissal disposition constituted unfair dismissal, and filed an application for remedy with the Gyeongbuk Regional Labor Relations Commission as to Section 2017. The Gyeongbuk Regional Labor Relations Commission dismissed the Intervenor’s application for remedy on April 6, 2017.
The Intervenor filed an application for reexamination with the National Labor Relations Commission as 2017da419. On July 6, 2017, the National Labor Relations Commission rendered the first inquiry court of this case on the ground that “The Intervenor received entertainment from E, etc. who is a duty-related person, and the grounds for disciplinary action are recognized, but the decision to dismiss the Intervenor is too excessive and unfair, considering all the elements of the disciplinary action.”