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(영문) 대구고등법원 2019.12.06 2019누3033
해고무효확인
Text

1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant around May 2006, pursuant to Article 135 of the former Local Autonomy Act (wholly amended by Act No. 8423, May 11, 2007); Article 35 of the Welfare of Older Persons Act; and Ordinance on the Establishment and Operation of the Nursing Center for the Aged and the Aged and the Aged, which was enacted based on this, the C Nursing Center for the Aged and the Aged and the Aged and the Aged and the Aged and the Aged and the Aged and the Aged and Welfare Center for the Aged and the Aged (hereinafter “the Center

A) A racing market was established, and on May 30, 2008, the instant center was designated as a long-term care institution. 2) The Plaintiff is an employee of the instant center as a caregiver, who works for a fixed-term worker.

B. On June 18, 2015, the head of an institution specializing in protecting older persons in the Gyeong-do and the head of an institution specializing in protecting older persons in the Gyeong-do and the head of an institution specializing in protecting older persons in the Gyeong-do received a report that older persons were being abused at the center of this case, and conducted a field investigation on June 10, 2015. 2) notified the head of the instant center of the result of the determination of the case that “the head of the institution specializing in protecting older persons in the Gyeong-do and the head of the institution specializing in protecting older persons was determined as physical, emotional abuse and neglect based on the abuse index of welfare facilities for older persons” on June 19, 2015.

3) The head of the instant center: (a) conducted a field investigation on June 24, 2015; (b) opened a case determination committee to review the case; and (c) notified the head of the instant center of the result of reexamination on July 16, 2015, as follows. The offender and the grounds for determination thereof (e.g., 54 years old, caregiver); (b) physical abuse - part of the body of the elderly; and (c) assault the elderly. The head of the instant center at the toilet (e.g., E (n., 85 years old, long-term care class 3) . F (n.g., facility head) provides care inappropriate for the elderly; (d) employees urge the elderly to enter the new wall (n.g., 86 years old, and long-term care class 2 years old; and (e) enter the center promptly.

The person who takes a bath in which the employee is on board shall be followed.

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