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(영문) 서울행정법원 2012.09.06 2012구합1785
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The grounds for disciplinary action (hereinafter “the dismissal of this case”) are as follows: (a) the employee joining the Defendant’s Intervenor (hereinafter “ Intervenor”) who is engaged in high speed bus transportation business by employing more than 700 full-time workers; and (b) on December 23, 2002, on or around April 2006, the date of disciplinary action against the employee’s position in the company’s position to succeed to the Plaintiff; and (c) the employee’s dismissal of the Plaintiff on June 30, 2011 (hereinafter “the dismissal of this case”); (d) the act subject to disciplinary punishment (hereinafter “the grounds for disciplinary action in this case”) under Article 4(2)3, 4, 7, and 9 of the disciplinary action applicable to the disciplinary action (hereinafter “the grounds for disciplinary action in this case”); and (d) the Plaintiff’s dismissal of the application for disciplinary action against the Intervenor’s dismissal of the final decision in the first instance trial as well as the purport that the Plaintiff’s dismissal of the application for disciplinary action against the Intervenor’s dismissal.

2. Whether the decision on the retrial of this case is lawful

A. In light of the fact that the plaintiff's assertion intervenor spreads false information in the course of investigating the job corruption of the article belonging to the plaintiff individually without the approval or implied authorization of the trade union, thereby significantly falling short of the plaintiff's public confidence and his honor has been respected, and that the plaintiff's work order has been significantly disturbed, such as the plaintiff's submission of resignation documents by the club C due to the intervenor's false facts related to the job corruption, and that the intervenor has been punished for committing a crime that the intervenor spreads false information related to the job corruption and damages the reputation of the union worker D, the intervenor's misconduct constitutes legitimate grounds for disciplinary action provided for in Article 4 (2) 3, 4, 7, and 9 of the Discipline Regulations.

In addition, the Intervenor's personal motive to be elected by going to the election of the chairman of the labor union is mentioned above.

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