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(영문) 서울중앙지방법원 2014.05.16 2013가합544744
해고무효확인
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 relationship 1) The Defendant Association is an organization established on or around December 1987 for the purpose of improving the working environment of a workplace and protecting the health of workers, and currently employs approximately 1,300 full-time workers, and carries out C-related projects including the academic research, technical guidance, education, and training with respect to C. The president of the Defendant Association takes charge of all the tasks of the Defendant Association. The president of the Defendant Association takes charge of the overall tasks of the tasks of the planning and management directors, general business directors, and education and publicity directors, and manages and operates the competent department. For example, for instance, the planning and management directors manage the “Planning”, “financial management office”, and “electronic information office”. The Plaintiff was enrolled in the general service department of the Defendant Association on November 1, 1991 following the graduation of the commercial high school, and was promoted thereafter, and continued to serve as the deputy head of the financial management office on March 3, 2012, and has been in charge of the affairs related to the Defendant Association.

B. (1) From December 201 to May 201, 201, D had conducted business inspections and audits to the Defendant Association, an affiliated organization, and recommended the dismissal of E at the time of the Defendant Association’s dismissal. As a result, E resigned around April 201 and F, the current president, at around May 201, was newly appointed as the president. In addition, the former president’s suspicion of embezzlement against the funds of the Defendant Association was raised, and search and seizure of the Defendant Association was conducted by the police around August 2012. During that process, the G, who was in charge of the financial management office, withdrawn KRW 60 million from the account of the Defendant Association on December 29, 201, caused an accident, and thereafter, the Defendant Association concluded that “G, in collusion with the former president, embezzled Defendant Fund of at least KRW 500 million, and embezzled Defendant Association’s temporary embezzlement and embezzlement it through self-audit.”

3 In addition, the defendant association shall be subject to the disciplinary resolution of the personnel committee on October 31, 2012.

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