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(영문) 서울고등법원 2020.07.07 2019나2057658
해고무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

Basic Facts

A. Pursuant to Article 24 of the Act on the Establishment, etc. of Financial Services Commission (hereinafter “Financial Services Commission Act”), the Defendant is a special corporation established to conduct the inspection and supervision of financial institutions under the direction and supervision of the Financial Services Commission, and the Plaintiff served as an employee of the Defendant following the employment screening of new employees in 2016 (hereinafter “employment screening”).

B. At the time of the appointment screening of this case, the Defendant publicly announced that “If a document screening or written examination passes, evidentiary documents are not submitted, or the entries or documents submitted are different from the facts or are found false, it shall be revoked.”

(hereinafter referred to as “the instant announcement clause”) of this case

Although the Plaintiff graduated from the CK, the Plaintiff stated that he graduated from the Korea Advanced Institute of Science and Technology (KAIST) in the letter of support submitted to the Defendant at the time of the recruitment.

On October 19, 2018, the Defendant notified the Plaintiff that his employment contract was cancelled with the Plaintiff on the ground that “A clerical error in the university that graduated from the university in the support letter constitutes grounds for cancelling the pass prescribed in the instant notice provision.”

(hereinafter “Notification of Cancellation” / [Based on Recognition] / Each statement of Gap evidence Nos. 1, 2, and 5 (including a serial number; hereinafter the same shall apply) and the purport of the entire pleadings, the Plaintiff’s assertion by the Plaintiff as to the purport of the entire pleadings, is erroneous in the Plaintiff’s mistake in the Plaintiff’s graduation, and the Defendant’s labor contract was not concluded with the Plaintiff due to clerical error in the Plaintiff’s graduation. Thus, the instant notification is null and void because it does not meet the requirements for cancellation of the instant public notice provision or the requirements for cancellation based on fraudulent error

The defendant's primary assertion: The notice of cancellation of the contract of this case is valid on the grounds of clerical error in the academic background, and the notice of this case has reserved the right to cancel the contract of this case.

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