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(영문) 대구고등법원 2020.08.19 2020나20457
해고무효확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows: "3. Judgment" is based on the reasoning of the judgment of the court of first instance.

Of the “decision on confirmation of invalidity of dismissal”, Article 420 (2) (2) of the Civil Procedure Act (the first instance judgment 5, 14 to 7, 12) is the same as the reasons for the first instance judgment, except for the following. As such, a decision on dismissal of a disciplinary action is justified in cases where there are grounds for a disciplinary action to the extent that it is not possible to continue the employment relationship with the worker concerned under social norms. Whether the dismissal of the worker concerned has reached the extent that it is impossible to continue the employment relationship with the worker concerned under social norms is justifiable. Whether the worker concerned has reached the extent that the employer’s business purpose and nature, conditions of the workplace, status and duties of the worker concerned, details of the worker concerned, motive and background of the act of misconduct, impact on the company’s business order, degree of past work attitude, etc. In addition, if there are various disciplinary actions against the worker, it shall be determined in light of all or part of the grounds for disciplinary action, not only one or all of them, but also the grounds for disciplinary action before and after the disciplinary action.

(See Supreme Court Decision 2010Da21962 Decided March 24, 201, etc.). In light of the foregoing legal doctrine, the following facts or circumstances, namely, the Plaintiff’s misconduct and degree, the Plaintiff’s status and position at the time of the disciplinary action, and the Plaintiff’s attitude in the process of the disciplinary action, which are acknowledged by adding the respective evidence in the aforementioned basic facts to the overall purport of the statements and arguments as stated in Articles 21 through 25, 27 through 29, 31, and 35.

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