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(영문) 서울고등법원 2020.07.24 2019누64855
부당해고구제재심판정취소
Text

1. The defendant's appeal is dismissed.

2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. As to the instant case cited in the judgment of the court of first instance, the reasoning of this court is as stated in the reasoning of the judgment of the court of first instance, except for partial revision as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The "E" in the fourth sentence of the second sentence of the judgment of the court of first instance shall be raised to "B".

The 6th sentence of the first instance court is as follows. The 9th sentence to 10th sentence of the 6th sentence of the letter box is as follows.

“A participant shall guarantee any of the following matters and compensate the Plaintiff for any loss incurred to the Plaintiff in violation of such provisions, and return all of the benefits and compensation for severance, etc. paid by the Plaintiff to the penalty for penalty for penalty for penalty for negligence. ① A participant shall guarantee that any new business that the intervenor will be employed by the plaintiff does not infringe on the patent right, utility model right, copyright, design right, etc. of a person other than the plaintiff. ② The initial number of participants to be employed by the intervenor and the intervenor shall be guaranteed that the intervenor does not bear any obligation not to engage in competitive business or to comply with trade secrets against any third person other than the plaintiff.”

Each "K" in the attached Forms 5 and 10 of the judgment of the first instance court, and the attached Forms 10 and 12 shall be "T stock company", respectively.

Part 2 and 3 of the decision of the court of first instance are as follows.

In the last place of the 13th judgment of the first instance court, "the plaintiff" shall be read as "the participant".

Part 15 of the judgment of the first instance court is "A 4 through 16, 18, 19, 20" in Part 19 of the judgment of the first instance.

2. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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