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(영문) 서울고등법원 2018.01.25 2017누72722
중앙노동위원회 재심결정 취소청구
Text

1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport.

Reasons

1. The court's explanation of the instant case by the court of the first instance as to the instant case is identical to the reasoning of the first instance judgment, since Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are the same as the reasoning of the first instance judgment, except for adding the judgment of the intervenor

(2) The part of the first instance court’s judgment, which interpreted the period of the instant leave within one year, is justifiable even if the part of the intervenor’s appeal did not differ significantly from the part of the intervenor’s assertion in the first instance court, and all evidence submitted by the first instance court and this court were examined. 2. The part of the intervenor’s argument on the part of the intervenor’s assertion that the period of the Plaintiff’s leave of absence is not more than one year but not more than two years as the part of the public official belonging to the Plaintiff.

According to the statements in Eul evidence 1 to Eul evidence 6-2 of Eul evidence 6-B, the new high school under the plaintiff's jurisdiction recognized the temporary retirement for one year from October 29, 2015 to October 28, 2016 to the intervenor Gap's members, and approved the additional one-year medical leave from November 14, 2016 to November 3, 2017. The additional one-year medical leave from the plaintiff's private middle school, fire prevention middle school, guard middle school, minor middle school, port school, river school, salary middle school, and south Seoul High school to the plaintiff's written labor contract or personnel management regulations for school accounting personnel, the Seoul Special Metropolitan City Ordinance on Service of Local Public Officials belonging to the Superintendent of the Office of Education, the Seoul Special Metropolitan City Ordinance on the Service of School Accounting, the Rules on Remuneration of Local Public Officials, the Local Public Officials Remuneration Rules, the Local Public Officials' Allowances Rules, the guidelines for budget compilation of the relevant year, the Local Public Officials Act and the Local Public Officials Act.

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