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(영문) 서울중앙지방법원 2018.04.05 2017가합539290
면직처분무효확인의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company with the purpose of processing, etc. metal metal, steel, steel steel, voltage, and metal refining, and the Plaintiff was employed by the Defendant on March 6, 1986 and was in charge of conducting the field inspection at the Defendant’s Incheon river office from March 18, 2013 to April 31, 2014.

B. The Defendant supplies scrap metal necessary for steel manufacturing, steel removal, etc. from an external company. With respect to scrap metal supplied by an external company, the Defendant’s tallyman checks the quantity, quality, etc. of the scrap metal and measure the quantity of this substance to be reduced from the volume of the scrap metal supplied, and the Defendant pays the scrap metal to the supplier of the scrap metal in accordance with the final quantity of the scrap metal measured as a result of the examination after deducting the quantity of this substance measured.

C. When the supplier of the scrap metal enters the place of inspection of the Defendant’s Incheon steel station, the examination of the scrap metal is conducted in such a way that the Defendant’s on-site inspectors directly look at whether the scrap metal loaded on the vehicle is included in the substance or the status of the scrap metal, and the video inspectors check the quality of the scrap metal into high-performance CCTV installed in the place of inspection of the scrap metal.

On April 24, 2017, the Defendant held a Labor Committee and decided on May 26, 2017 as grounds for disciplinary action that the Plaintiff committed an unlawful act such as receiving money and valuables from a supplier of scrap metal in relation to the inspection of scrap metal (hereinafter “instant dismissal disposition”), and notified the Plaintiff of the instant dismissal disposition in writing on April 25, 2017.

【Notification of the Results of the instant Labor Committee (Disciplinary Action)】 E.

On May 8, 2017, upon the Plaintiff’s request for reexamination, the Review Labor Committee rendered a disposition of dismissal on May 26, 2017, the same as the original disposition, and the Defendant notified the Plaintiff of the result of the reexamination on May 10, 2017.

Article 18 (Disciplinary Action against Collective Agreement)

1. The company may take disciplinary action against any of the following cases:

(b) When he violates the rules of employment;

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