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(영문) 서울고등법원 2018.05.16 2017누61142
부당해고구제재심판정취소
Text

1. Revocation of the first instance judgment.

2. The Central Labor Relations Commission’s focus on December 12, 2014 between the Plaintiff and the Intervenor joining the Defendant.

Reasons

A. On February 26, 2014, the Intervenor was notified of the decision of the personnel committee to punish the Intervenor as follows while joining the company and serving as the head of the business.

(hereinafter referred to as “instant dismissal,” and a written notice of such dismissal; 1. Details of disciplinary action by the personnel committee resolution;

(b) Kind of disciplinary action: Dismissal;

(c) Disciplinary reasons: The result of the first instance judgment of the court of first instance (two years of imprisonment) which entered into an agreement with the cooperation company related to the E business-related misconduct - the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud): 56 million won - the crime of attempted fraud: 629 million won - the crime of attempted fraud: 390 million won - Article 55 of the Rules of Employment * the ground of disciplinary action 390 million won

(a) Where he violates any statute, collective agreement or provision;

(e) Where he damages the reputation of the company or causes serious social controversy; and

(f) Where he commits an unlawful act;

(g) If he/she intentionally or negligently causes a serious loss to the company * a matter prohibited under Article 6 of the Rules of Employment: an act of arbitrarily entering into an agreement or acceptance on duty * Section 2 of the Code of Ethics: Not entering into any obligation with the person related to his/her duty.

D. Date of disciplinary action: The ground relevant to February 26, 2014: (a) the Plaintiff appealed to the dismissal of the instant case as a result of the resolution of the 9th Personnel Committee in 2013, and filed a request for reexamination on March 7, 2014; (b) the Review Personnel Committee decided to dismiss the Plaintiff for the same reason, and notified the Plaintiff of dismissal on March 17, 2014.

On May 23, 2014, the Plaintiff filed an application for remedy with the Gyeonggi Regional Labor Relations Commission as unfair. On August 25, 2014, the Gyeonggi Regional Labor Relations Commission determined that the instant dismissal was unfair on the following grounds.

The grounds for disciplinary action against the Intervenor’s dismissal of this case are as follows.

- In the judgment of the first instance court, the Plaintiff was sentenced to two years of imprisonment due to the charge of fraud, attempted fraud, and occupational breach of trust - the Plaintiff’s wrongful act causes a loss of approximately KRW 1.5 billion to the Intervenor.

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