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(영문) 대전고등법원 2018.06.14 2018누10437
부당징계구제재심판정취소
Text

1. Of the judgment of the first instance, the part against the plaintiff A and C and the part against the plaintiff B's unfair disciplinary action shall be revoked.

2...

Reasons

1. The reasons why the court should explain this part of the decision by the reexamination of this case are as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment by the court of first instance is cited in accordance with Article 8(2)

2. Whether the decision on the retrial of this case is lawful

A. The gist of the plaintiffs' assertion does not recognize the grounds for disciplinary action of this case, and even if the grounds for disciplinary action are acknowledged, the intervenor deviatess from and abused discretion in the disciplinary action. Each of the disciplinary action of this case constitutes unfair labor practices that give disadvantages to the plaintiffs who committed unlawful and legitimate acts constituting trade union activities.

Nevertheless, each of the disciplinary actions in this case should be revoked in an unlawful manner on the premise that each of the disciplinary actions in this case is just and not an unfair labor practice.

B. Attached to the relevant rules of employment of the Intervenor

C. Whether the grounds for disciplinary action of this case are recognized or not, 1) The summary of the Plaintiff’s assertion as to Plaintiff A’s assertion is that the on-site patrol meeting in which Plaintiff A participated is a legitimate trade union activity and thus, the grounds for disciplinary action cannot be recognized. The disciplinary action based on the grounds for

Nevertheless, the review decision of this case, which judged the above disciplinary action justifiable, is also unlawful.

B) (1) The grounds for the court’s explanation on this part of the facts of recognition are as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, since the grounds for the judgment of the court of first instance on this part are as stated in Article 2(b)(1)(b)(the main text of Article 420 of the same Act. (2) The evidence submitted by the Defendant and the Intervenor alone, in light of the following circumstances, which are acknowledged by adding the evidence No. 14, No. 15-1, 15-2, and the purport of the entire arguments to recognize the grounds for the disciplinary action against the Plaintiff A.

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