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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Causes and contents of the decision in the retrial;
A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is a company established on July 1, 1929 and engaged in banking services, etc.
On December 3, 2007, the Plaintiff joined the Intervenor, and served as a vice head from April 1, 2014 to the Late Regulation Operation Team, and from July 14, 2014 to the Late CD Business Team.
B. On January 22, 2015, the Intervenor held a personnel committee and resolved on disciplinary action against the Plaintiff for the following reasons against the Plaintiff, and notified the Plaintiff on February 16, 2015.
On March 5, 2015, the Plaintiff appealed and requested a review to the Intervenor. On March 18, 2015, the Intervenor, by holding a review personnel committee, notified the Plaintiff on March 18, 2015 that “A person shall be punished by dismissal on March 23, 2015.”
(hereinafter “instant disciplinary action”). ① The Plaintiff complies with the relevant statutes, regulations, and pledges that serve as the basis for performing his/her duties in accordance with the rules of professional employment and the rules of service, and in compliance with the legitimate official order and instruction of his/her superior, the Plaintiff refused to perform his/her duties in violation of his/her superior’s instructions from June 5, 2014 to June 5, 201, and did not make any report on his/her duties to the superior.
(hereinafter “Grounds for Disciplinary Action 1”). (2) In addition, the Plaintiff was prohibited from leaving his/her office without the prior approval of his/her superior, and even if prior approval was obtained from his/her superior at the time of his/her application for neglect, the Plaintiff severely damaged the bank’s lectures and order by making several warnings related to his/her performance of duties and neglect during the period from June 5, 2014 to January 15, 2015, 49 times of absence from office without permission, 70 times of absence from office (up to 24 times of early retirement), and five times of unauthorized early retirement from office.
(hereinafter referred to as "grounds for disciplinary action 2") c.
On May 28, 2015, the Plaintiff filed an application for remedy against the instant disciplinary action with the Seoul Regional Labor Relations Commission.