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(영문) 서울북부지방법원 2017.02.09 2016가합20804
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. The Defendant is a special public corporation established for the purpose of medical use of radiation, etc. and efficient promotion of research and development work pursuant to Article 13-2 of the Radiation and Radioisotope Use Promotion Act, and is established and operated a D Hospital located in Seoul Special Metropolitan City, Nowon-gu (hereinafter “Defendant Hospital”). The Plaintiff is a person who worked as a nurse at the Defendant hospital from May 19, 197 to November 6, 2014.

B. On August 18, 2014, the Plaintiff requested the Defendant Hospital to the effect that “The new bank account with which the Plaintiff’s benefits are paid is seized from August 8, 2014, and the withdrawal is impossible, and the Plaintiff wishes to suspend automatic transfer of benefits from August 21, 2014 and pay the Plaintiff directly.” On August 20, 2014, the Defendant Hospital sent the e-mail stating, “The fact that the Plaintiff requested to pay the Plaintiff the full amount of the Plaintiff’s wages to the Plaintiff on an online account on the 21st day of each month as a result of the review with the financial team and the on-site agreement provides that the payment of the Plaintiff’s wages to the Plaintiff in cash is difficult.” (ii) The Plaintiff sent the e-mail of the Defendant Hospital E, the nursing Department F, and the Nursing G to the head of the Defendant Hospital on August 22, 2014, on the ground that it did not prosecute the Defendant Hospital’s debt collection.”

3 Around August 27, 2014, the Defendant Hospital submitted an application related to temporary retirement to the Plaintiff to the outpatient and its employees, and obtained approval from the personnel committee. However, the Defendant Hospital sent a unilateral notification to the Vice-Chairperson from August 25, 2014, by means of the e-mail of August 22, 2014. Pursuant to Articles 43 and 44 of the Personnel Regulations, the Plaintiff, referring to the provisions and grounds for temporary retirement, set forth a clear item of temporary retirement, accompanied by evidentiary documents, and obtained the procedure and approval.

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