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(영문) 부산고등법원 2017.03.08 2016나55462
해고무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

(4) On March 20, 2015, the Defendant: (a) held a disciplinary committee on March 20, 2015; and (b) dismissed the Plaintiff; and (c) “reasons for dismissal” as stated in the notice of dismissal is as follows. - An employee employed by the department manufacturing a special vessel is prohibited from industrial actions under the Trade Union Act (Article 41(2) as he/she constitutes an employee engaged in the manufacture of defense materials by major defense contractors; (d) continued industrial actions from November 6, 2014 to March 19, 2015; and (e) the Defendant’s rules of employment include the following contents in the Defendant’s rules of employment: (a) prohibition of industrial actions repeated by the company and violation of the direction to return to work (unauthorized absence, unauthorized absence

* Article 23 (Recess Hours) Workers shall be granted not less than 30 minutes of continuous working hours and not less than one hour of continuous working hours for not less than 4 hours and not less than 8 hours.

1. Recess hours: 12:00 to 13:00 - Other break hours: 10:00 to 10:10, 15:00 to 15:10;

2. Recess hours may be freely used by workers;

* Submission of Absence from Office)

1. When a worker is absent from work due to a disease or any other unavoidable cause, he/she shall submit a prior report of absence from work to obtain approval, and if there is an urgent reason, he/she shall report it by wire and obtain approval after the report in writing;

2. He/she shall be treated as absence from work without permission if he/she fails to submit a leave of absence or obtain approval;

* When a worker intends to retire from work, leave work out, etc. due to a disease or any other inevitable reason, he/she must report in advance and obtain approval from the company.

Provided, That where early retirement, outing, visit, etc. are not business hours, it shall not be excluded from working hours.

* Workers must observe the safety rules for the prevention of industrial accidents and cooperate in the company's preventive measures against industrial accidents.

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 7-1, 2, 3, 8-2.

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