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(영문) 서울중앙지방법원 2019.08.23 2018가합550690
해고무효확인
Text

1. The Defendant’s dismissal against the Plaintiff on June 25, 2018 confirms that it is null and void.

2. The Defendant on July 24, 2018, to the Plaintiff.

Reasons

Basic Facts

A party-related defendant is a company that engages in the business of civil engineering, design, supervision, engineering, etc. using approximately 1,100 regular workers.

On July 7, 1997, the Plaintiff joined the Defendant and served as a supervisor.

As a result of the deliberation by the personnel committee on June 21, 2018, the Defendant issued a resolution of dismissal (hereinafter “instant dismissal”) on the ground of the following grounds: (a) the Defendant did not properly perform the duties assigned due to neglect of duties, neglect of duties instructions, lack of ability to perform duties, shortage of work performance, etc.; (b) thereby causing difficulties in the performance of duties; and (c) on the ground of “the lowest level of personnel evaluation for continued personnel affairs” (hereinafter “instant disciplinary cause”).

The fact that the defendant was subject to disciplinary action was sent to the plaintiff, and the fact that the defendant was subject to disciplinary action stated in the notice of holding the personnel committee (No. 12-2).

(hereinafter referred to as "facts subject to disciplinary action") ① March 29, 2017

4. 3. C Underground Motor Vehicles submitted a review report on design drawings, but they failed to pass the review, between April 12, 2017 and

4. 17. 17. Around June 5, 2017, the Plaintiff submitted a review report on D’s structural stability, but failed to pass the review.

2.2. The submission of a review report on price fluctuations in the F. However, the failure to pass the review was 6 February 5, 2018 or

2.6. 6. G price fluctuations submitted the review, but 7 February 7, 2018

3. 9. Report on the start of the Busan Metropolitan City H on March 21, 2018: (a) another person in charge has re-preparation because there are many errors; or (b) from March 21, 2018.

4. On June 25, 2018, the Defendant submitted a review of the price fluctuation of local highway I, but ordered again due to the problem. (9) In spite of personnel management and results, the Defendant received the lowest E grade as of June 25, 2018, despite being urged to improve his/her ability to perform duties, attitude, etc. as the lowest E grade as of the evaluation result of 2017.

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