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(영문) 서울북부지방법원 2018.01.18 2017가합22852
근로자지위확인 등
Text

1. The plaintiff is in the position of the secretary general of the defendant and the head of the administrative office of Chigh School established and operated by the defendant.

Reasons

Basic Facts

The defendant is a school foundation that establishes and operates D Middle Schools and C High Schools (hereinafter referred to as “instant schools”).

On April 1, 1993, the plaintiff was employed as the defendant's administrative staff and worked as the defendant's secretary general and the head of the administrative office of the school of this case since July 1, 2004.

In this case, on October 29, 2010, the Plaintiff’s criminal punishment against the Plaintiff: (a) the Defendant’s Secretary General took overall charge of the administrative affairs of the Defendant and the instant school as the head of the administrative office of the instant school; (b) the Defendant was sentenced to the suspension of the execution of imprisonment with labor for the period from January 22, 2008 to December 29, 2009, who received the total of KRW 54,200,000 from the construction business operator’s illegal solicitation and received the total of KRW 54,20,000 from January 22, 2008 to the December 29, 2009; and (b) the excessive construction cost of the relevant facility was paid to the construction business operator; and (c) the crime of occupational embezzlement of 31,30,000 won from October 1, 208 to July 3, 209; and (c) the crime of occupational embezzlement of misappropriation of 2,54,000 won (hereinafter “instant”).

The plaintiff appealed to this Court 2010No1746.

The above court changed the amount of embezzlement of the part of the facts charged to KRW 27,00,000 in total. The above court reversed the judgment of the first instance court of this case on July 22, 201, which convicted the Plaintiff of all the facts charged changed on July 2, 2011, and sentenced the Plaintiff to a suspended sentence of KRW 2 years, additional collection of KRW 54,200,000 (hereinafter “instant criminal judgment”).

The Plaintiff re-appealed to the Supreme Court Decision 201Do10723, but the final appeal was dismissed on November 10, 201, which became final and conclusive around that time.

On February 23, 2011, the Defendant held a disciplinary committee against the Plaintiff on February 23, 201, and took disciplinary action for three months of salary reduction on the grounds that the facts of the crime recognized in the instant criminal judgment were suspected of disciplinary action.

Defendant’s articles of incorporation.

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