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(영문) 부산지방법원 2016.05.12 2015가합41339
해고무효확인
Text

1. It is confirmed that the Defendant’s disciplinary dismissal against the Plaintiff on January 30, 2015 and the disposition for voluntary dismissal from office are null and void.

2...

Reasons

1. Basic facts

A. The Defendant was established by the investment of the Plaintiff, C, etc. on August 1, 201 as an employee prop-type company aimed at funeral business, funeral vehicle transport business, etc.

B. The Plaintiff was an employee of the Defendant, who was engaged in business activities, funeral transportation, etc., and was appointed as the auditor on March 20, 2014.

C. On December 5, 2014, the Defendant notified the Plaintiff that a temporary director meeting on the agenda of dismissal and appointment of auditors was convened, and on December 15, 2014, the Defendant’s board of directors resolved to convene a temporary general meeting on the agenda.

On December 19, 2014, the Defendant sent to the Plaintiff a content-certified mail that “the Plaintiff was referred to the Disciplinary Committee, and the personnel committee for discussion on dismissal and disciplinary action against the Plaintiff sent to the Plaintiff, on December 26, 2014, the Plaintiff sent to the Plaintiff a letter-certified mail that “the Plaintiff was called in D, and the Plaintiff was present,” but was not delivered to the Plaintiff and returned to the Defendant.

E. On December 26, 2014, the Defendant sent a text message to the Plaintiff, stating that “A personnel committee for disciplinary action against the Plaintiff is held at around 17:00 on December 27, 2014.”

Accordingly, on December 27, 2014, the Plaintiff sent a text message to the Defendant stating that “I cannot attend the personnel committee because there is no time to prepare the explanatory materials, etc. on the same day.”

F. On December 27, 2014, the Defendant’s personnel committee passed a resolution on disciplinary action and dismissal against the Plaintiff without the Plaintiff’s attendance. On December 28, 2014, the Defendant issued a disposition to punish the Plaintiff as of January 30, 2015 and to dismiss him/her on an inevitable basis on the following grounds:

(2) In the event of absence from office without permission of the company, the company losses incurred due to loan to a third party outside the workplace (in the event of absence from office and of absence from office and of absence from office without permission of the company), (3) violation of the duty of notification (in the event of absence from office and of absence from office to another person), and (4) employee shareholders after absence from office without permission, such as the spread of false facts in the workplace.

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