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(영문) 서울중앙지방법원 2017.12.15 2016가합571303
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company with the purpose of measuring instruments inspection agency business, etc., and the Plaintiff is a person who entered the Defendant around October 198 and served as a member of the Daejeon Chungcheongnam-gu origin store from January 1, 2014.

B. On April 26, 2016, the Defendant confirmed that the Plaintiff carried out PEA in the course of performing the duties and did not return it on the same day, but did not return it on the same day. On April 26, 2016, the Defendant held a personnel committee and notified the Plaintiff of the disciplinary action against the Plaintiff on April 27, 2016 under Article 65 subparag. 1 (a) of the Rules of Employment (a person who caused an accident by his/her official’s legitimate business instruction), Article 65 subparag. 7 (a) of the Rules of Employment (a person who caused an accident by his/her work negligence), Article 11 (a) of the Rules of Employment), Article 65 subparag. 11 (a) of the Rules of Employment (a person who was recognized as having committed an act corresponding to the grounds for disciplinary action), Article 2 subparag. 7(a) of the Detailed Guidelines for Inspection of Special Conditions for Inspection and Delivery (a false autopsy and delivery).

(hereinafter “instant dismissal”). Although the review personnel committee was held on May 4, 2016 upon the Plaintiff’s filing of an objection against the dismissal, the review personnel committee maintained a resolution to dismiss the Plaintiff.

C. On May 31, 2016, the Plaintiff filed an application for remedy against unfair dismissal with the Chungcheong Regional Labor Relations Commission. However, on July 28, 2016, the Chungcheong Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy by deeming that the instant dismissal falls under the exercise of legitimate personnel authority, as the grounds for disciplinary action cannot be deemed excessive.

Accordingly, the Plaintiff filed an application for review on the above initial inquiry court, and withdrawn it on August 30, 2016.

The contents of the defendant's rules of employment and reward and punishment in relation to the instant case are as follows.

Disciplinary action may be taken against a member under Article 65 (Disciplinary Grounds) of the Rules of Employment in any of the following cases:

1. Good cause of the trading company;

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