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(영문) 서울남부지방법원 2016.07.22 2015가합111038
징계처분 무효 확인
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs joined the Defendant established for the purpose of investment trading business, etc., and Plaintiff A served as a deputy head in the Complex Financial Team (a corporate finance1 team before October 1, 2013; hereinafter “combined Financial Team”) regardless of whether before or after the change of name was made. On December 31, 2014, Plaintiff B resigned from the said team, while serving as the head of the headquarters and the head of the team, and retired on January 26, 2015.

B. Following the issuance of ABCP related to overseas new and renewable energy business (hereinafter “instant business”), a large-scale loss was incurred to the Defendant around June 2015, due to the issuance of the Asp set BCP (i.e., Aspicked C commercial paper, asset collateral commercial paper, etc. (hereinafter “instant ABCP”).

Accordingly, the Defendant conducted an internal audit on July 2015 and conducted a disciplinary action for six months of suspension from office (hereinafter “instant disciplinary action”) on November 7, 2015 against the Plaintiffs, who are the members of the composite financial team, the department in charge of the internal audit.

C. On the other hand, the plaintiff A was re-employed to KTB investment securities company, and the plaintiff B was re-employed to MTB investment securities company and was currently serving in Korea.

Details of the relevant regulations shall be as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul 5, 6, 7, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiffs' assertion of disciplinary action of this case is without merit because there are the following procedures and substantive defects, and thus, it cannot be recognized that the disciplinary action of this case is invalid.

(1) Procedural defect 1) At the time of the instant disciplinary action, the Plaintiffs already retired from the Defendant and completed the labor relationship between the Plaintiffs and the Defendant, and there is no provision regarding the Defendant’s disciplinary action, and the Defendant is not entitled to take disciplinary action against the Plaintiffs, who are not the Defendant’s employees. 2) The Plaintiffs were subject to the instant disciplinary action.

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