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(영문) 서울행정법원 2017.10.27 2017구합63719
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. An intervenor is a corporation established on March 5, 2003 and running a building management service business, etc.

On November 24, 2015, the Intervenor entered into a service contract for the operation of the Dsports center (hereinafter “Dsports center”) located in the Gyeongjin-gun, Gyeongjin-gun, Gyeongjin-gun, Korea Atomic Energy Co., Ltd. (hereinafter “Korea hydroelectric Energy”).

B. On October 1, 2014, the Plaintiff entered into a labor contract with an intervenor, and worked at the E-sports center, and worked as an office manager from December 14, 2015.

C. On April 18, 2016, the Intervenor issued a warning and reprimand against the Plaintiff on the grounds that the Plaintiff violated the Intervenor’s service regulations and filed a false report.

On July 2016, 15 workers belonging to the Intervenor who work at the Dsports Center have prepared a copy of a report stating that “A plaintiff has done an inappropriate act as a chief secretary, such as forcing other workers to process civil petitions without accurately preparing a list of class members, discriminating against workers, etc., and requested appropriate measures against the Plaintiff, because he/she has committed an inappropriate act as a chief secretary, and made a request to take appropriate measures against the Plaintiff.”

E. On July 18, 2016, the Intervenor notified the Plaintiff that he would hold a disciplinary committee on July 21, 2016.

On the 25th of the same month, the intervenor held the Disciplinary Committee, and the said Disciplinary Committee decided to dismiss the plaintiff's disciplinary action on the 26th of the same month on the ground that "the plaintiff's ability to work and attitude are inadequate to perform his/her duties as a secretary due to poor working ability.

On the same day, the intervenor notified the plaintiff that he dismissed the plaintiff as of August 31, 2016 in accordance with the resolution of the disciplinary committee.

F. On July 27, 2016, the Plaintiff prepared a resignation statement stating that “I shall resign due to an individual’s reason as of August 13, 2016,” and submitted it to the intervenors.

An intervenor voluntarily retires on August 25, 2016 due to the Plaintiff’s personal circumstances.

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