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(영문) 인천지방법원 2016.10.27 2016가합55338
손해배상(기)
Text

1. The Defendants jointly share KRW 10,000,000 to the Plaintiffs, and as to this, from December 31, 2015 to October 27, 2016.

Reasons

1. Basic facts

A. The parties’ relationship and status 1) The Defendant Union is conducting education support projects, economic projects, credit projects, mutual aid projects, etc. to achieve its objectives with the district fisheries cooperatives under the Fisheries Cooperatives Act, including Incheon Metropolitan City C (excluding E) established on August 26, 1972. Among the economic projects, the distribution teams within the economic department are in charge of fishery products and pre-sale projects, and consignment projects are in charge of the sales team. Defendant D was working as the head of the Defendant Union from June 23, 2010 to July 19, 201. (2) Plaintiff A was employed as the head of the Defendant Union around April 21, 1992; Plaintiff B was employed as each Defendant Union around December 1, 1983, and worked as the head of the distribution division and the economic affairs division from March 1, 2008 to June 31, 2010.

B. Action for dismissal and cancellation of decision on review against the plaintiffs 1) The defendant union conducted an audit from August 10, 2010 to August 20, 2010, based on the above audit results, and the defendant union finally made each disposition for dismissal (hereinafter "each of the instant dispositions for dismissal") on October 14, 2010 based on the above audit results, with the grounds for disciplinary action against improper business for reservation and sales of fishery products (excluding dismissal), inappropriate business execution (one month of salary reduction), improper business management (one month of salary reduction), improper business management (one month of salary reduction), and improper inventory (revotion).

(2) Around November 25, 2010, the Plaintiffs filed a request for reexamination pursuant to Article 27 of the Regulations on the Handling of Disciplinary Measures against Members of the Defendant Union (hereinafter “instant Disciplinary Measures”). However, the Defendant Union rejected the said request on the ground that it constitutes “insufficient documents or lack of supporting materials” under Article 28(1)2 of the said Regulations on the ground that there was no objective evidence to prove that the said claim was not liable for disciplinary action, and thus the cause for disciplinary action was not resolved.

3. The plaintiffs filed an application for unfair dismissal with the Incheon Regional Labor Relations Commission by asserting that each of the instant dispositions constitutes an unfair disposition that deviates from or abused the disciplinary power.

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