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(영문) 서울남부지방법원 2017.05.12 2016가합107210
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 Plaintiff, who became a member of the Defendant around 1980 and was employed as the head of the Defendant’s branch office from July 2013, and was dismissed from the Defendant on September 25, 2015.

B. The Defendant’s prosecutor’s office, from August 24, 2015 to August 28, 2015, requested the Plaintiff to take an action for dismissal and criminal complaint on the ground that the Plaintiff, who joined an insurance agency by taking advantage of the position of the branch office, solicited the branch office’s business partners, etc. to purchase insurance for the female life C, thereby allowing C to collect fees.

Accordingly, on September 24, 2015, the Defendant held a personnel committee and decided to dismiss the Plaintiff on the ground that the said act constituted Article 129 (Bribery) of the Criminal Act or Article 130 (Bribery to a Third Party) of the Criminal Act, and that an employee of the Industrial Bank violates Article 10 (Prohibition of Intervention, etc.) of the Code of Conduct for Officers and Employees of the Industrial Bank, and notified the Plaintiff that the Plaintiff was dismissed on September 30, 2015.

(hereinafter referred to as “instant dismissal disposition”). C.

On the other hand, the defendant filed a complaint against the plaintiff with bribery, etc., however, on the ground that there is no evidence to prove that there was an illegal solicitation on June 30, 2016, the Jinju District Prosecutors' Office rendered a disposition against the plaintiff's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery).

The defendant appealed to the Busan High Prosecutors' Office, but the Busan High Prosecutors' Office dismissed the defendant's appeal on June 14, 2016.

The purpose of Article 1 (Purpose) of the Code of Conduct for Officers and Employees of the Industrial Bank (hereinafter referred to as the "Decree") is to prescribe the standards for actions to be followed by the executives and employees of the Korea Development Bank pursuant to Article 8 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission to prevent corruption and to establish sound financial order.

Article 2 (Definitions) This Decree shall apply.

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