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(영문) 수원지방법원 2018.02.01 2017가단524749
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 10, 2014, the Defendant sent to the Plaintiff a written request for attendance of disciplinary action, stating the abstract grounds for disciplinary action, “a person who disturbs company regulations and order,” and “other acts subject to disciplinary action,” and held the disciplinary committee during the Plaintiff’s attendance on February 13, 2014.

B. On February 17, 2014, the Defendant punished the Plaintiff by disciplinary dismissal as of February 18, 2014.

(2) The grounds for the disciplinary action are as follows: (a) the grounds for the disciplinary action stated in the above “the instant disciplinary action” were as follows: (b) the grounds for the disciplinary action related to the annual use of the employee’s organization; (c) the grounds for the disciplinary action related to the establishment of the employee’s union; (d) the grounds for the disciplinary action related to the external company information; and (e) the grounds for the disciplinary action related to the settlement of equipment and expenses (a) the signing and forging of the employee’s signature and the exercise of the employee

C. On July 9, 2014, the Plaintiff issued a request for remedy against unfair dismissal to the Gyeonggi Regional Labor Relations Commission on the instant disposition of dismissal, and was judged to the effect that the instant dismissal disposition constitutes unfair dismissal, as all of the grounds of the instant disciplinary action are not recognized.

The defendant applied for review of the above determination to the National Labor Relations Commission, but the National Labor Relations Commission dismissed the defendant's application for review on October 23, 2014.

Since then, the defendant filed a lawsuit for cancellation of the adjudication on the reexamination of the above Central Labor Relations Commission (Seoul Administrative Court 2014Guhap74060), but was ruled against December 10, 2015, and the above judgment was finalized after the Seoul High Court 2016Nu3073, Sept. 21, 2016, and the dismissal of appeal No. 2016Nu3073, Feb. 2, 2017; Supreme Court 2016Du55988, Feb. 2, 2017.

E. In addition, the Plaintiff filed a lawsuit to nullify the dismissal against the Defendant under the Suwon District Court 2015Ga62749 and received a partial winning judgment on August 17, 2016, and on February 20, 2017, the said judgment appealed in the Suwon District Court 2017Na2005837.

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