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(영문) 서울행정법원 2016.08.25 2015구합80789
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 Plaintiff is a legal entity that employs 130 full time workers and operates C business. An intervenor is a person employed and worked as the head of the Plaintiff’s business support group on August 9, 2013.

B. Disciplinary action 1 against the Intervenor was subject to a specific audit by the Gyeongnam-do from August 18, 2014 to December 22, 2014. On September 18, 2014, the Gyeongnam-do Audit Office notified the Plaintiff of the disciplinary action against the Intervenor, who was the responsible supervisor, on the grounds of “unfair employment of the president of the Specialized Center,” “violation of accounting order, such as free contract,” and “unlawful of management of delinquent amount of fees for equipment fees,” the Plaintiff issued a notice of the disciplinary action against the Intervenor. 2) In relation to the foregoing disciplinary action request, the Plaintiff held the personnel committee on November 14, 2014 and reprimanded the Intervenor.

C. As a result of the Committee on the Evaluation of the Performance of the Director-General of the Department in the latter part of 2014 (2.8.12.8), the personnel management regulation significantly lacks the ability to perform the duties under Article 77(1) of the Personnel Management Regulations (Release from Position) due to lack of performance, lack of response to a specific audit due to the occurrence of civil complaints pertaining to the recruitment of D implementation companies in 2014, lack of external credibility and response ability, reduction of organization, damage to the foundation’s reputation and image, and violation of the duty of good faith by the head of the department (Prohibition of Discrimination) and officers and employees under Article 5(5) of the Code of Conduct of the Officers and Employees of the Organization (Prohibition of Discriminatory) to perform their duties, due to discrimination among employees - fall in convergence and congested speed between the members of the Organization - which hear the opinion of a specific employee and are not gathering difficulties and opinions of an employee (Prohibition of Unduely gathering a number of opinions from an enterprise support group). In relation to Article 10(1) and (2) of the Code of Conduct for a political person:

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