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(영문) 서울남부지방법원 2014.12.12 2014가합104309
해고무효확인 등
Text

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

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

Reasons

1. Basic facts

A. The defendant is a corporation aimed at investigating and studying economic issues, proposing policies on economic issues, etc.

On January 1, 1989, the plaintiff has been employed for the defendant.

B. On December 27, 2013, the Defendant dismissed the Plaintiff on the ground that the Plaintiff’s misconduct as follows constituted grounds for disciplinary action under Article 16(1)2 and 5 of the Secretariat Regulations.

(hereinafter “instant dismissal.” Although the Plaintiff’s employee complies with the articles of incorporation and regulations and faithfully performs his duties, the Plaintiff repeated his unfaithful working attitude as follows, and disturbs the order of the workplace by failing to comply with the commercial instruction.

b. In particular, the above disciplinary action is taken as a result of the discussion of the personnel committee that the working attitude has not been improved at all, even if there are several times of disciplinary action, caution and caution, and that it has reached a situation where it is difficult to trust the plaintiff and give the work any longer due to frequent paralysis with employees, repeated failure to comply with orders, lack of work performance improvement, and performance performance for the past eight years, etc. (Article 16(1)2 of the Secretariat Regulation). (1) It is extremely poor (Article 16(2) of the Secretariat Regulation) work attitude (Article 16(1)2 of the Secretariat Regulation - In the event that the performance record is extremely poor (8 times at the lowest level during the recent evaluation period), it is extremely poor (Article 26(1)2 of the Secretariat Regulation - (6/2109:06, 8/29:06).

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