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(영문) 대전지방법원 2019.04.18 2018구합102194
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from participation.

Reasons

1. Details of the disposition;

A. The Plaintiff is a juristic person established for the purpose of the business related to the miscellaneous services, etc., and is performing the work of supporting the operation of the steel plant in C, the Switzerland Lease Nos. 2 and 3.

On July 1, 2010, an intervenor was employed by the Plaintiff Company as a member in charge of the operation of loading and unloading equipment that spread, transport, and discharge paint coal, light, etc. from STS2 team, and was dismissed as follows:

B. On July 19, 2017, the Plaintiff issued a notice of attendance at the meeting of the personnel committee (the instructions to attend the meeting of the personnel committee) to the intervenors on the 20th of the same month as the following agenda items for deliberation, and on July 20, 2017, the personnel committee for the first half of the year held passed a resolution of dismissal against the Intervenor.

On July 18, 2017, he unilaterally notified that he would use the excursion ship on the day after he was informed that he would use the excursion ship on the 12:40 a.m., he did not work on the 20:40 p.m., he held that he could give up his status as an employee member due to abuse of position as employee member, commercial intimidation, verbal abuse, non-compliance with labor-management consultation, disturbance of corporate organization, threat of corporate organization and any longer

On July 20, 2017, the Plaintiff issued a written disciplinary action to the intervenors (hereinafter “instant dismissal disposition”), and the grounds for disciplinary action (hereinafter “instant grounds for disciplinary action”) stated in the written disposition are as follows.

① unilaterally notified on July 18, 2017 that he/she would use the annual leave by an excursion ship on the same day. ② Around 20:40 minutes without having worked at night on the same day, he/she does not immediately leave the group president in the form of an excursion ship with an intention not to do so, and the labor-management agreement is obstructed, such as the threat of the organization of the company, threat of corporate organization, threat of corporate organization, etc. ④ On July 19, 2017, the head of the on-site visiting group of the visiting group in the field office is mixing with verbal abuse, news, snow, and snow on several occasions on the other hand.

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