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(영문) 서울고등법원 2015.09.16 2014누73465
부당해고 구제 재심판정 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance, except where the judgment of the plaintiff's assertion is added.

Article 8 (2) of the Civil Procedure Act and the main sentence of Article 420 of the Civil Procedure Act shall be quoted as it is.

2. Additional determination

A. 1) The Plaintiff asserts that the instant collective agreement is null and void because the Intervenor did not perform the obligations specified in the No. 2 certificate at the trial at the trial at the same time, and that there is no procedural defect in the resolution of the instant disciplinary action in compliance with the rules of employment. However, given that the Plaintiff’s additional assertion in the trial at the trial, the content of No. 2 certificate cannot be deemed to have been incorporated into the instant collective agreement, such as the content indicated in the No. 2 certificate, and thus, the instant collective agreement cannot be deemed null and void on the ground that the Intervenor did not perform his/her obligations specified in the No. 2 certificate. Furthermore, if the rules of employment, etc. establish the Disciplinary Committee on the same number of number of workers, it shall be deemed to be for the purpose of ensuring fairness by commissioning the members of the disciplinary committee and guaranteeing workers’ right to participate in the disciplinary action against the disciplinary committee, and thus, it does not provide for the qualification and appointment procedures of the disciplinary committee members, but it shall be deemed that the employer’s voluntary representation of the disciplinary committee members from 2006.

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