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(영문) 서울고등법원 2019.12.06 2019누42701
부당해고구제재심판정취소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. Grounds for the court's explanation concerning this case, which cited the judgment of the court of first instance, and the judgment of the court of second instance

D. In addition to using paragraphs (2) and (b)(11)(T)(T)(T)(T) as follows, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

(1) The court below's findings of facts and judgments by the court of first instance, which rejected the argument of the defendant and the intervenor, are justifiable even if all the evidence presented in the court of first instance and the court of first instance are examined. (2) Furthermore, as to whether C expressed an intent to dismiss the intervenor on December 19, 2017, and whether C expressed an intention to dismiss the intervenor around December 19, 2017, even according to the conversation between C, the intervenor, and the head of the office of management office H around December 19, 2017, C did not express an intention to dismiss the intervenor, and rather did not want to terminate the labor contract relations. Accordingly, C did not want to terminate the labor contract relations. The time for the intervenor's decision to change the extent of the frame and did not have any special conclusion (for this, the intervenor asserted that C expressed his intent to dismiss the intervenor immediately before the conversation with the verbal abuse with the above intervenor, but there is no evidence to acknowledge the facts as otherwise alleged in subparagraph 5 or 12.

(2) On the same day, C sent a D message to the Intervenor to the effect that, immediately after the above conversation, the Intervenor stated that “I think that I would have retired from office, and would be good if I would not complete it.” On the same day, C sent a message to the Intervenor to the effect that “I would like to go against the existing defect without a studio or change,” and then sent it to C on December 21, 2017.

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