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(영문) 서울중앙지방법원 2013.08.22 2012가합48461
해고무효확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be found in Gap evidence Nos. 1 to 4 (including those with a serial number; hereinafter the same shall apply) and Eul evidence No. 3 by integrating the whole purport of the pleadings. A.

On April 1, 1987, the plaintiff joined the defendant corporation as a driver.

B. On June 4, 2012, the Defendant: (a) received money, valuables, etc. in the process of selecting the Defendant’s driver; (b) managed sponary human resources through regular and irregular reception of money, entertainment, etc. after employing the driver; and (c) took disciplinary action against the Defendant’s vehicle without permission from around 2005 to March 2012.

C. The rules of employment of the defendant corporation related to the dismissal of the above disciplinary action are as follows:

Article 55 (Types and Methods of Discipline) (1) The kinds and methods of disciplinary actions shall be as follows: 5. Dismissal of disciplinary actions shall be made through disciplinary proceedings:

3. When he obtains personal benefits by taking advantage of a position or authority of the corporation;

6. Where it uses its property for personal profit; and

7. Where he receives money, goods or entertainment from other persons in connection with his duties without any justifiable reason;

2. Judgment on the plaintiff's claim

A. 1) With respect to confirmation of invalidity of dismissal and claim for wages, the plaintiff in the parties' assertion that the above grounds for disciplinary action do not exist all against the plaintiff, so the above dismissal is null and void. Accordingly, the defendant asserts that the plaintiff is obligated to pay benefits calculated at the rate of KRW 4,847,285 from June 5, 2012, which is the day following the date of the above dismissal to the time of reinstatement of the plaintiff. Accordingly, the defendant asserts that the above dismissal is legitimate, since there exists a ground for the above disciplinary action against the plaintiff, the defendant asserts that the above dismissal is legitimate. 2) The facts below the fact that there is no dispute between the parties, or can be acknowledged by taking into account the whole purport of the arguments as to Gap evidence 19, Eul evidence 1, 4, 6, and 10, and witness C's testimony. The plaintiff from April 1, 2003.

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