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(영문) 서울고등법원 2016.07.07 2016누40797
부당해고구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) an addition to the relevant provisions of Section 4, Section 13, Section 6, Section 6, Section 8, Section 6, Section 6, Section 8, Section 6, Section 7, Section 15, and Section 6, Section 6, Section 7, deleted "6"; and Section 8, Section 8, Paragraph 2, Article 420 of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be cited as it is, except for the addition of the judgment on the plaintiff's assertion as set forth in Section 2.

(The grounds alleged in the trial at the trial while filing an appeal are different from the contents alleged in the first instance court. However, considering the evidence submitted by the Plaintiff in the trial and the Plaintiff’s above assertion, it is not different from the fact-finding and judgment at the first instance court. 2. Additional determination

A. The plaintiff's assertion 1) At the time of opening the review personnel committee, the plaintiff was notified of the attendance of the personnel committee only in the name of the representative director of the intervenor at the time of opening the review personnel committee. The subsequent notification of dismissal was made in the name of the representative director of the intervenor. According to this, the representative director of the intervenor can be deemed to be the chairperson of the personnel committee, but the representative director of the intervenor did not attend

Therefore, since the review personnel committee did not proceed by the chairperson, the dismissal through the review personnel committee is null and void due to procedural defects in the process of composition and decision of the personnel committee.

B) The Plaintiff appears in the review personnel committee to raise an objection to the purport of conflict of interest between the members of the personnel committee and raises an objection to the effect that the composition and process of the personnel committee can be invalidated as above. This can be seen as comprehensively including such procedural problems.

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