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(영문) 광주고등법원 2020.06.24 2019나24284
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. The Defendant (if necessary, hereinafter referred to as the “Defendant Union”) is a G Union established on August 11, 1982 and employs approximately 30 full-time workers, and operates a credit business, such as the receipt of deposits and installment deposits from its members.

The plaintiff joined the defendant association on January 13, 1995 and served on October 1, 2009.

B. On October 1, 2015, the Defendant issued the Plaintiff a disposition of disciplinary dismissal on the ground of violation of the duty to maintain fairness in the election (attached Form 1 Disciplinary Reason No. 1) (Article 1 Disciplinary Reason No. 1) and the violation of the internal rules (attached Form 1 Disciplinary Reason No. 2) and a disposition of reduction of salary for six months on the ground of “man’s personnel management neglect” (attached Form 1 Disciplinary Reason No. 3).

(hereinafter referred to as "the first disciplinary action" and "the grounds for disciplinary action" in attached Form 1 are referred to as "the grounds for disciplinary action" in sequence.

On October 27, 2015, the Plaintiff filed an application for remedy with the Jeonnam Regional Labor Relations Commission, asserting that the primary disciplinary action was unfair.

On December 23, 2015, Jeonnam Regional Labor Relations Commission dismissed the plaintiff's request for remedy.

(Seoul U.S. However, on April 14, 2016, the National Labor Relations Commission rendered a new trial ruling to the effect that “The primary disciplinary measure is an unfair disciplinary measure,” and “the primary disciplinary measure is deemed to be an unfair disciplinary measure, and the Defendant shall return the Plaintiff to his office and pay the amount equivalent to the wages during the period of his dismissal.”

(Central V). D.

The defendant, who is dissatisfied with the review decision, filed a lawsuit against the chairman of the National Labor Relations Commission for cancellation of the review tribunal on unfair dismissal.

(The Daejeon District Court 2016Guhap1022). The plaintiff participated in the action for the chairman of the National Labor Relations Commission.

On June 14, 2017, the first instance court accepted the defendant's claim on June 14, 2017, and sentenced the revocation of the decision for retrial.

However, the appellate court's primary disciplinary action on January 25, 2018 is the first disciplinary action.

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