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(영문) 수원지방법원 2016.08.26 2015가합6602
해고무효확인 및 임금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of lawsuit shall be all principal lawsuit and counterclaim.

Reasons

1. Basic facts

A. On June 8, 2008, the Defendant is a company engaged in the business of manufacturing contact tapes, and the Plaintiff joined the Defendant and performed the position of the head of the domestic business management team (head of division).

B. On November 2013, 2013, the Defendant determined that the ERP system was developed and constructed to create a business environment through the introduction of the ERP system, and constituted production management teams, materials management teams, domestic business teams, and TPPP development teams at a level above the head of the overseas business division. The Plaintiff, the head of the domestic business division, who was the head of the domestic business division, was in charge of the TPPP team’s duties.

C. On November 18, 2013, the Defendant: (a) concluded a contract with the Siate on the development of the ERP system by no later than March 31, 2014, by selecting Siates Co., Ltd., a company building the ERP team.

C. However, even after the expiration of the contract term stipulated in the above contract, if the construction work of the ERP system was not completed properly, the Defendant conducted a self-inspection on July 2014, and there were problems to be corrected and supplemented in the ERP program developed at the time of the investigation and continued to require supplementation and supplementation of the program.

Accordingly, the defendant judged that the plaintiff suffered enormous loss in the amount of KRW 210 million due to the negligence of the manager's duties and the error in the selection of the company in the process of building the ERP system, and tried to proceed with the disciplinary procedure to compensate the plaintiff for his responsibility.

E. In the foregoing circumstances, the Plaintiff prepared and submitted a weekend statement to the Defendant on October 21, 2014, and there was a provision that “the ERP system development is delayed, and the ERP system which was developed on August 2014 is still insufficient, and thus, the development is delayed, and the development is delayed, and the ERP system’s stability will be reached in cooperation with the computer team from the present point of view.”

In addition, the plaintiff on October 28, 2014.

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