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(영문) 서울행정법원 2015.11.05 2015구합60693
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a juristic person established on May 2, 1962 and employs ten full-time workers, with the objective of forest management business, credit business for its members, etc., and the Intervenor joined the Plaintiff on October 1, 2003 and worked in the finance division from January 1, 2004 to December 31, 2013, and from January 1, 2014 to December 31, 2013.

B. The Korea National Forestry Cooperatives Federation’s regional headquarters, from April 14, 2014 to April 18, 2014, conducted a regular audit of the Plaintiff (the target period: from March 1, 2012 to April 11, 2014) and notified the Plaintiff of the results of the audit, such as the attached Form, on May 7, 2014.

(hereinafter “instant audit result”) C.

After holding a disciplinary action committee on July 16, 2014 in accordance with the audit results of the instant audit, the Plaintiff made a resolution on disciplinary action against the Intervenor pursuant to Article 4 of the Disciplinary Action Review Regulations (hereinafter “each of the instant disciplinary grounds”), and notified it to the Intervenor on July 17, 201, as grounds for disciplinary action, such as “(i) violation of the Credit Information Use and Protection Act (No. 4), ② improper acquisition of real estate for non-business use (no. 5), ③ nonperformance of audit disposition (no. 6), ④ loss liability for bad debts (no. 10), ⑤ non-performing loan, etc. (hereinafter “each of the instant disciplinary grounds”), and notification to the Intervenor.

(hereinafter “instant dismissal”) D.

On October 8, 2014, the Intervenor asserted that the dismissal of this case constitutes unfair dismissal, and applied for remedy to the Gyeonggi Regional Labor Relations Commission. On December 4, 2014, the Gyeonggi Regional Labor Relations Commission determined that the dismissal of this case was unfair on the ground that the dismissal of this case was excessive, but it was unfair on the ground that the dismissal of this case was unfair, and accepted the Intervenor’s request for remedy.

E. On December 26, 2014, the Plaintiff filed an application for reexamination with the National Labor Relations Commission on the grounds that it was dissatisfied with the foregoing initial inquiry tribunal, and the National Labor Relations Commission filed an application for reexamination on February 27, 2015.

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