logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2019.06.20 2019구합50243
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Circumstances and details of the decision on reexamination;

A. The Plaintiff is a school juristic person established on March 20, 1971, which ordinarily employs approximately 130 workers and operates educational services, and has established and operates Chigh Schools and D Middle Schools under its control.

On June 1, 2017, the Intervenor joining the Plaintiff and served as the head of the administrative office at C High School (hereinafter “instant school”) and was revoked on December 26, 2017, and returned to May 1, 2018 under the Seoul Regional Labor Relations Commission’s order for remedy, but on the same day, the Intervenor was notified of ex officio dismissal (hereinafter “ex officio dismissal”).

B. The specific grounds for ex officio dismissal are as follows.

(1) The intervenor is ex officio and dismissed by Article 87 (Ex Officio Dismissal) of the Plaintiff’s Articles of Incorporation and Personnel Regulations.

(2) The Seoul Special Metropolitan City Office of Education shall notify ex officio dismissal because it is an excess pursuant to the amendment (school support division-2428 ( February 23, 2016) to the standard for the fixed number of private school clerical staff due to the provision of subsidies for financial defects.

(3) In addition, as the reasons for attachment, I will give notice as follows: (a) the principle of trust in an employment relationship has been lost; and (b) have been damaged and ex officio.

Matters stated in the explanation ex officio dismissal

Ⅱ It notifies ex officio dismissal on the following grounds: (a) it is no longer possible to neglect any damage to school due to any illegal act, such as impairing the trust in employment relationship, pressure of human rights and unlawful inspection of PCs, slander against corporate officers, etc.; and (b) it is no longer possible to neglect

1. Acts and subordinate statutes detrimental to trust between employees and violations of such Acts and subordinate statutes as an employee's illegal inspection of PC: Violation of Article 55 (Service), violation of the Personal Information Protection Act, and violation of human rights;

2. Acts and subordinate statutes and violations of trust among employees due to infringement of human rights, such as coercion, etc. of administrative personnel, and other acts of violation: Violation of Article 55 (Service) of the Private School Act, violation of the Labor Standards Act, unfair labor practices and suppression of human rights.

3. Slandering corporations, etc.;

arrow