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(영문) 서울행정법원 2018.06.22 2017구합64422
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a juristic person established on February 12, 2008 and ordinarily employs approximately 70 workers and operates C High School (hereinafter “instant school”).

From January 7, 2013, the Intervenor served as the head of the pertinent school administration office and as the head of the Plaintiff Secretariat.

B. On July 22, 2016, the Plaintiff opened a disciplinary committee and decided to dismiss the Intervenor on the ground of “the Intervenor’s service neglect, etc.” and notified the Intervenor of the disposition of dismissal on July 29, 2016.

(hereinafter “instant disciplinary action”). C.

On October 12, 2016, the intervenor filed an application for remedy to the Gyeonggi Regional Labor Relations Commission that the instant disciplinary action constitutes unfair dismissal.

On December 5, 2016, the Gyeonggi Regional Labor Relations Commission accepted a request for remedy from unfair dismissal on the ground that “only a part of the grounds for disciplinary action is recognized, and it is unreasonable to take a disciplinary action compared to the grounds for disciplinary action recognized.”

(K) Gyeonggi 2016, 1398, hereinafter referred to as the "First Inquiry Tribunal of this case") D.

On January 13, 2017, the Plaintiff appealed and filed an application for reexamination. On April 3, 2017, the National Labor Relations Commission rejected the Plaintiff’s application for reexamination on the following grounds: “The instant disciplinary action, like the first trial court, is deemed to be justifiable grounds: (i) failure to perform an accounting audit among the instant disciplinary grounds; (ii) failure to receive defect repair performance securities after the construction; and (iii) failure to perform various administrative affairs of the administrative office (including the performance of duties in violation of relevant statutes and regulations); (iv) excessive disbursement of unmanned expense management expenses; (v) neglect of management of stores and unfair goods; (vi) conduct of gathering and signing written statements; (vii) conduct of moral recording; and (iii) the lower court’s responsibility before the instant disciplinary grounds are not recognized as justifiable grounds; and (iv) the instant disciplinary action, compared to the instant disciplinary grounds, constitutes an unfair dismissal.”

Central 2017 Section 48, hereinafter referred to as "the case").

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