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(영문) 광주고등법원 2019.10.02 2019나21247
징계처분취소
Text

1. The plaintiff's claim that was changed in exchange in this court is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Defendant is a corporation established by the Korea Rural Community Corporation and Farmland Management Fund Act (hereinafter “Agricultural and Fishing Villages Corporation Act”).

Around December 1996, the Plaintiff joined the Defendant and was in charge of the investigation and design of the agricultural infrastructure improvement project, regional development project, etc. as the head of the B regional headquarters business plan team from February 1, 2012, and C was in charge of the investigation and design of the agricultural infrastructure improvement project, regional development project, etc. from February 10, 2009.

B. From June 22, 2015 to July 17, 2015, the Board of Audit and Inspection audited the actual state of the Defendant’s execution of personnel expenses for daily employment, and requested the Plaintiff to take disciplinary action against the Plaintiff on February 25, 2016.

The summary of the reasons why the Board of Audit and Inspection requested the defendant to dismiss the plaintiff is as follows.

(hereinafter) The Plaintiff’s act as described below is referred to as “instant misconduct.” From February 1, 2012 to July 17, 2015, and from February 10, 2009 to January 19, 2015, the Plaintiff worked at the Defendant’s regional headquarters’s business plan department, and carried out the work of temporarily employing necessary human resources for the investigation necessary for six projects, such as “D reinforcement development projects,” and having them carry out an on-site investigation and paying personnel expenses therefor.

According to the provisions of subparagraphs 1 and 2 of Article 4 of the Rules of Employment of the Defendant, employees shall observe the provisions of Acts and subordinate statutes or the rules of the Defendant’s articles of incorporation and perform duties faithfully, and according to the provisions of Articles 18 and 19 of the former Guidelines for the Management of Workers’ Office (Abolition on December 31, 2013) of the Defendant’s former Guidelines for the Management of Workers’ Office (Abolition on December 31, 2013), wages for day duty shall be calculated by multiplying the unit price of wage contract by the number of days of payment

1. C From February 1, 2012 to February 1, 2012, at the same investigation team as the Plaintiff, and upon the Plaintiff’s instruction, C is performing the same year from June 11, 2013 at the site of “F Zone Repair Facility Renovation Project” in which “F Zone Repair and Repair Project” is performed.

7.9. Preparation by September 1, 200, of “written demand for replacement and receipt” as if it were actually done.

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