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(영문) 부산지방법원 2015.04.17 2014가합49886
해고무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant industry-academic cooperation foundation is a corporation established by the Act on the Promotion of Industrial Education and Industry-Academic Cooperation to promote the implementation of industry-academic cooperation projects, the acquisition and management of intellectual property rights, the transfer of technology, the education and training projects, etc., and the plaintiff is a person who served in the defendant industry-academic cooperation foundation

B. On August 23, 2013, Defendant Industry-Academic Cooperation Foundation held a disciplinary committee and decided to take three months of suspension from office for the following reasons against the Plaintiff. On September 1, 2013 to November 30, 2013, Defendant Industry-Academic Cooperation Foundation notified the Plaintiff that he/she will be suspended from office for three months (hereinafter “instant suspension from office”).

A disciplinary decision on a request for disciplinary decision made by the Dong Busan Campus Industry-Academic Cooperative Team with respect to the illegal use of recorded records at the time of examination by the National Labor Relations Commission, and the failure to comply with a request for disciplinary decision made by the person under disciplinary action and the person under disciplinary action, on the basis of arguments, evidentiary materials, etc. of the person under disciplinary action and the person under disciplinary action against the request for disciplinary action, shall be made for three months (the applicable statute: the disciplinary action against the employee under Section 4 of the Regulations on the Operation of the Industry-Academic Cooperation

C. On July 17, 2014, the Disciplinary Committee of the Defendant Industry-Academic Cooperation Foundation again requested the Plaintiff to take disciplinary action on the grounds of the violation of good faith, the violation of duty to obey, and the violation of duty to dismiss the Plaintiff on July 31, 2014 on the same day (hereinafter referred to as “instant dismissal disposition”) after the resolution to dismiss the Plaintiff as of August 1, 2014 on the same day (hereinafter referred to as the “instant dismissal”).

The Disciplinary Committee shall submit materials referred to in subparagraph 2014-1 of the agenda.

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