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(영문) 서울남부지방법원 2017.04.07 2016가합109094
해고무효확인
Text

1. On July 29, 2015, the Defendant’s dismissal against the Plaintiffs on July 29, 2015 confirms that each dismissal is invalid.

2. The defendant,

A. The plaintiff.

Reasons

In light of the fact that: (a) among professors belonging to the Plaintiff A and the visual design department, the Plaintiff B was bound to dismiss the Plaintiff B whose job performance evaluation was the most poor; and (b) during that process, members recommended by both the employer and the employee constituted a committee for personnel and management innovation and undergo sufficient consultation; and (c) the instant dismissal disposition is lawful as it satisfies all the requirements for layoff under Article 24 of the Labor Standards Act.

3. Judgment on the claim for nullification of dismissal

A. Fact 1) The defendant operates the occupational ability development training institution, the occupational specialized school designated by the Ministry of Employment and Labor as the occupational specialized school, and the occupational specialized school designated by the Ministry of Education as the occupational specialized school, and the 4-year academic degree acquisition process.

B) The Defendant’s profits and losses in management and the number of new students during the preceding five years are as follows. The Defendant’s profits and losses in management and the number of new students in 2010 in 2011, 2011, 91-41 -41 -428 - 20* number of new students 2,064 2,3031,868 - 1,964 1,841 1,964 1,841 * in order to avoid the deficit in the settlement of accounts for three consecutive years - the amount of approximately KRW 700 million was reduced by the adjustment of depreciation costs at the settlement of accounts in 2014, and in fact, the Defendant made an investment of KRW 690,000,000,000 in order to construct the D Building at the time of the settlement of accounts in 2012.

2) Article 10(1) of the Act on the Establishment and Closure of the Defendant’s Department (hereinafter “instant provision”) provides that the criteria for calculating the appropriate number of teaching staff by each department shall be one professor per 50 students.

B) On February 17, 1997, Plaintiff B joined the Defendant as a traffic design and a full-time professor and served as a visual design and a full-time professor from February 2008.C) The annual number of new students recruitments in the visual design division is as follows. F on March 1, 2013.

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