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(영문) 서울고등법원 2016.12.15 2016누47606
부당해고구제재심판정취소
Text

1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The portion resulting from the participation in the appeal costs.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is as stated in the reasoning of the judgment of the court of first instance, except for the parts added, changed, or deleted as follows, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of

(A) The grounds alleged by the Defendant and the Intervenor in the trial are different depending on the contents as alleged in the first instance trial. Thus, even if considering the evidence submitted by the Defendant and the Intervenor in the trial, it does not differ from the fact-finding and judgment of the first instance court. In particular, the Defendant and the Intervenor asserted that the method of management of an agreed sales system, which falls under the core part of the grounds for each of the disciplinary actions in the instant case, existed in the past. However, in light of the evidence presented by the first instance court and the statement of evidence No. 115, it is difficult to deem that the agreed sales system has been permitted at the Plaintiff’s place of business prior to the Plaintiff, as stated in the first instance court’s reasoning, and in this regard, it is difficult to interpret the “minimum sales management” as stated in the evidence No. 27-1 and 2, as alleged by the Intervenor at the first instance trial, and thus, it is difficult to accept the witness testimony of the Defendant and the Intervenor at the first instance trial, which conforms with this Opinion.”

In the first instance judgment, the term "recognized fact" in the first instance judgment No. 21 shall be changed to "recognized fact".

Part 20 of the judgment of the first instance shall be changed to "not recognized" in Part 18.

The part of the judgment of the court of first instance from No. 21 to No. 22 shall be amended as follows: "The facts and time limit recognized prior to the judgment, and the whole purport of the pleadings shall be stated in the evidence No. 78.

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