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(영문) 서울고등법원 2015.03.25 2014나32757
파면 등 무효확인 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) the “201..........................” in the first instance court’s judgment,” which read “13.... (6) and “10.....,” which read “10...,” and “13.,” which read “10. and “10.,” which read “2.” The following 3., are the same as the ground for the first instance court’s judgment; and (b) thereby, the same shall be cited

2. Article 79 and Article 50 of the articles of incorporation of the Korea Institute of Education and Science and Technology and Article 18 of the Employee Personnel Management Regulations provide that "the person who has the right to appoint and dismiss shall not assign a position to the person who lacks the ability to perform his/her duties, whose work performance is extremely poor, or whose work attitude is considerably poor, or who requires a resolution on disciplinary action, as a whole, based on the facts acknowledged as above and the overall purport of arguments in Gap evidence 6, namely, the instant standby order was issued to the plaintiff on January 28, 2013, as well as the instant standby order issued to the plaintiff on January 28, 2013, before demanding a resolution on disciplinary action against the plaintiff on February 12, 2013.

In full view of the facts that it is difficult to deem the instant disposition as inappropriate or inappropriate, and (3) it is difficult to deem that each of the grounds for the instant disposition is recognized, as seen earlier, it cannot be deemed that the Plaintiff existed at the time of the instant disposition, and thus, the instant disposition is null and void.

The plaintiff's assertion in this part is with merit.

“”

3. The defendant's assertion is added.

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