2014Da44949 Nullification, etc. of dismissal

1. A;

2

3

4

5

6

7

8

A person shall be appointed.

10. J

Both motor vehicles company

Seoul High Court Decision 2013Na13858 Decided June 20, 2014

December 11, 2014

All appeals are dismissed.

The costs of appeal are assessed against each appellant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the remaining plaintiffs' grounds of appeal except the plaintiff J

A. As to the first ground for appeal

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court is justifiable to have determined that there existed grounds for disciplinary action against the above Plaintiffs on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

B. As to the grounds of appeal Nos. 2 and 3

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court is justifiable to have determined that the disciplinary procedure against the above Plaintiffs is lawful, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending

C. Regarding ground of appeal No. 4

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court is justifiable to have determined that a disciplinary decision on the above Plaintiffs is appropriate, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on a disciplinary decision without

The lower court, based on the circumstances stated in its reasoning, determined that the disciplinary dismissal against Plaintiff J is too heavy and invalid.

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the

3. Conclusion

Therefore, all appeals are dismissed, and the costs of appeal are assessed against each losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul

Justices Lee Sang-hoon

Justices Kim Chang-suk

Justices Cho Jong-hee