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(영문) 서울고등법원 2018.03.30 2017나2033900
해고무효확인 및 임금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: the court's explanation of this case is as follows: "the occurrence occurred" of No. 12 of the judgment of the court of first instance; the 15th part of the 13th part of the 15th part of the 13th part of the 13th part of the 13th part of the 14th part of the 15th part of the 15th part of the 24th part of the 24th part of the 15th part of the 15th part of

(However, since the defendant withdrawn the main defense at the trial, the arguments and the judgment on this issue are excluded from the above cited part). 2. Additional matters

A. The rules of employment to be applied to this case is not evidence Nos. 32 of the Rules of Employment No. 10, but evidence No. 10 of the Rules of Employment No. 80 of the Rules of Employment / [Disciplinary Procedure] Article 80 of the Rules of Employment / [A] Article 80 of the Rules of Employment provides the relevant worker with sufficient opportunity to make a statement (defluence and vindication) and notify

(2) Disciplinary procedures shall be conducted as follows:

1. Notification prior to holding the disciplinary committee for the relevant disciplinary worker;

2. Provision of an opportunity to vindicate;

3. Notification of the result of resolution;

4. Providing an opportunity to raise an objection.

5. According to Paragraph 2 of the Final Deliberation and Resolution (Disciplinary Action) notification, even after the notification of the result of the resolution, the defendant gave an opportunity to raise an objection and notify the resolution through the final deliberation. As to the disciplinary dismissal of the instant disciplinary action as recognized by the defendant, the defendant did not go through the procedure after the filing of the objection, and thus, the disciplinary dismissal of the instant disciplinary action is null and void. However, if the purport of the entire argument is added to each of the statements in Nos. 36-1, 2, 40, the Rules of Employment No. 10 can be acknowledged as the fact that the Rules of Employment No. 10 had been amended to the Rules of Employment No. 32, Mar. 2, 2015, before the procedure for the dismissal of the instant disciplinary action was commenced, with the consent of a majority of the workers belonging to the defendant, and thus

(b).

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