logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2014.06.12 2013구합11246
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is an employer who is a public corporation with 170 full-time workers for the purpose of managing, maintaining, and repairing facilities in the ancient city. The Plaintiff is an employee who entered the Intervenor Company on April 12, 2004 and works as a parking manager belonging to the Transport Department and was in charge of managing parking lots and collecting parking fees from the Ktex Parking Lot from July 1, 201.

B. On August 2, 2012, the Intervenor: (a) held a personnel committee; (b) resolved to dismiss the Plaintiff pursuant to Articles 21 and 26 of the Business Regulations for the reason that “the Plaintiff embezzled parking fees of KRW 144,000 (hereinafter “instant misconduct”) while working in Kinkex parking lot between March 30, 2012 and April 28, 2012; and (c) decided to dismiss the Plaintiff on August 7, 2012.

(hereinafter “instant dismissal disposition”). The Plaintiff appealed and requested reexamination on August 14, 2012, and the Intervenor’s personnel committee dismissed the Plaintiff’s application for reexamination on September 11, 2012.

C. On November 1, 2012, the Plaintiff asserted that the instant dismissal disposition is unfair, and filed an application for unfair dismissal with the Gyeonggi Regional Labor Relations Commission. On December 26, 2012, the Gyeonggi Regional Labor Relations Commission, even though it is found that the grounds for disciplinary action were determined on December 26, 2012, determined that the instant dismissal disposition is unfair, accepting the Plaintiff’s application on the grounds that the determination was based on the amount of unfair dismissal that exceeds the Intervenor’s discretion.

On January 9, 2013, the Intervenor filed an application for review with the National Labor Relations Commission on January 9, 2013. On March 27, 2012, the National Labor Relations Commission accepted the application for review of the Intervenor Company on the ground that the disciplinary reasons were recognized and the disciplinary action is appropriate.

(hereinafter referred to as the “instant judgment for reexamination”). (In fact that there is no dispute with the grounds for recognition, Gap evidence 1 and 2 (including paper numbers, hereinafter the same shall apply) shall be respectively.

arrow