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(영문) 서울행정법원 2017.07.07 2017구합50775
부당해고구제재심판정취소
Text

1. On December 8, 2016, the National Labor Relations Commission rendered relief against unfair dismissal between the Plaintiff and the Intervenor.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a corporation incorporated pursuant to Article 3 of the Korea Rural Community Corporation and Farmland Management Fund Act, and the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) entered the Plaintiff on March 2, 1992, as the Plaintiff’s employee, who was affiliated with the Plaintiff on January 21, 2013, and is the Vice Minister of the Plaintiff’s Groundwater Geological Center B as the Plaintiff’s affiliated deputy head on the ground of “project to investigate the actual pollution of farmland heavy metals, etc.” while temporarily employing necessary human resources at the site and performing the on-site investigation work

B. From June 22, 2015 to July 17, 2015, the Board of Audit and Inspection conducted “inspection on the actual status of the execution of daily work personnel expenses” and discovered the following irregularities, etc. (hereinafter “instant misconduct”).

The supplementary intervenor had C, a subordinate of C, register D and E as a part of the daily work of "project to investigate the actual contamination of farmland heavy metals, etc." and had C pay the total of KRW 3,173,040 as a deposit passbook in the name of D from April 1, 2013 to December 4 of the same year after receiving settlement from F by the head of the department in charge, and 15,908,930 won as a deposit passbook in the name of E.

Since then, the supplementary intervenor required that D and E leave the aggregate of KRW 4,771,970 in return for the use of the deposit account in the name of the deposit account, and received from D and E a total of KRW 14,310,00 in return for the remainder of KRW 14,30 in return for the use of the deposit account, from April to June 2014, the supplementary intervenor made a false registration of a person who fails to conduct the on-site investigation in the same manner from April 2013 to June 2014, and made the total of KRW 28,363,390 in return for the use of the name of the deposit account, and received a refund of KRW 6,173,390 in return for the remainder of KRW 22,190,00 in return

On the other hand, the Board of Audit and Inspection shall provide C with 10,650,000 won out of the above 22,190,000 won, based on supporting documents, etc. submitted by the supplementary intervenor.

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