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(영문) 서울고등법원 2019.05.14 2018나2059657
해고무효확인 등
Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuits, the claim for nullification of the dismissal on December 25, 2016 is made.

Reasons

The reasoning of this case, the judgment on the Defendant’s main defense, and the grounds for the court’s argument regarding this part is as stated in paragraphs 1 through 3 of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows.

Article 4 (2) 2 of the Defendant’s Rules of Employment, Article 14 (1) and Article 21 of the Personnel Regulations are applied to the Plaintiff in Chapter 7 of the judgment of the first instance.

The following shall be added between conduct 12 and 13 of the judgment of the first instance.

A person shall be appointed.

D. The main contents of the Defendant’s employment rules and personnel regulations are as follows.

Article 4 (Obligation of Employees) (2) of the Rules on Business Operation. A person appointed as an employee shall comply with the following matters:

2. Company employees shall observe its rules and perform their duties in good faith according to the instruction of their superior officers (i.e., attendance at work and absence from work) (1) Any employee shall attend work before working hours and complete preparation for work;

(2) When an employee intends to be absent from office or dismissed due to a disease or any other cause, he/she shall obtain approval from the head of the team to which he/she belongs before the working hours on the day, and if it is difficult to obtain prior approval

Article 7 (Working Hours) (1) The office hours of employees are 10:00 to 19:00.

Article 14 (Prohibited Matters) (1) No employee shall leave his/her place of work without permission.

When an employee under Article 21 (Ex Officio Dismissal) falls under any of the following subparagraphs, the representative may dismiss him/her ex officio after deliberation by the personnel committee:

7. Where an employee under Article 25 falls under any of the following subparagraphs, the president shall take a disciplinary action following the deliberation of the personnel committee in case of continuous absence from office for ten days or more without due to a natural disaster or force majeure accident:

1. The relevant Acts and subordinate statutes and the company regulations;

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