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(영문) 수원지방법원 2018.05.18 2017가단511453
임금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a local public enterprise that is established by the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of Local Public Enterprises and is engaged in C’s housing site, housing development projects, and management and operation

B. On October 13, 2003, the Plaintiff entered into an annual salary contract with the Defendant as the term of contract from January 1, 2014 to December 31, 2014 (payment in 12 installments). The Plaintiff entered into an annual salary contract with the Defendant as the basic annual salary of KRW 74,337,480 (payment in 12 installments).

C. 1) On July 9, 2014, the Plaintiff was subject to the Defendant’s personnel committee’s disciplinary action on the ground that “the Plaintiff issued bonds in improper ways to cause liquidity crisis, and received a summary order of KRW 500,000 as a result of injury, and, at the time of the audit of the administrative affairs audit, sent questions to D general personnel E and expressed the incombustibility with D, thereby causing inconstition to the Defendant” (hereinafter “instant reprimand disposition”).

2) The Defendant’s president filed an application for review with the personnel committee on the ground that the above disciplinary action falls short of the auditor’s heavy disciplinary requirement. The Defendant’s president requested to hold a review personnel committee for severe disciplinary action against the Plaintiff on the ground that “the Plaintiff received a summary order of KRW 500,000 due to the crime of injury, which caused the Plaintiff to dissatisfy between E and E in relation to the committee for the selection of the committee for the management of total facilities by reporting the content thereof to the media, and caused enormous loss to the Defendant by having D’s extension project returned to C, even though the conflict with E was externally expressed in the C Administrative Affairs Audit in 2013, thereby adversely affecting the Defendant’s image and business trust.”

3) On October 13, 2014, the Defendant’s personnel committee decided to dismiss the Plaintiff on the grounds of the foregoing disciplinary reasons, and the Defendant dismissed the Plaintiff on October 15, 2014 (hereinafter “instant dismissal disposition”).

(D) On December 19, 2014, the Plaintiff asserted that the instant dismissal disposition is unfair.

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