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(영문) 서울고등법원 2020.06.02 2019나2040070
해고무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance except for dismissal or addition and deletion as mentioned below 2. Thus, this case is quoted by the main text of Article 420 of the Civil Procedure Act.

2. Of the 10th judgment of the first instance court, the part which is dismissed or added and deleted, “in the course of notification” shall be deemed to be “in the course of notification” (hereinafter “instant removal”) and “in the 5th judgment of the first instance court” (hereinafter “instant removal”) under the 4th judgment of the first instance court.

Under the sixth Schedule of the judgment of the first instance court, the court of first instance accepted the plaintiff's claim on January 31, 2020, and rendered a judgment revoking the above decision of the National Labor Relations Commission. The National Labor Relations Commission appealed and filed an appeal with Seoul High Court 2020Nu36832."

The following shall be added between conduct 6 and 7 under the sixth Schedule of the judgment of the first instance:

A person shall be appointed.

카. 관련 규정 ▣ 피고 정관 제46조(직위의 해제) ① 교원이 다음 각호의 1에 해당할 때에는 당해 교원의 임용권자는 직위를 부여하지 아니할 수 있다.

1. Person who lacks ability to perform his duties, or whose service performance is extremely poor, or whose service attitude as a teacher is extremely unfaithful.

(3) The appointing authority shall order a waiting period of not more than three months to a person who is released from his position under paragraph (1) 1.

(4) With respect to those who have been ordered to remain under the provisions of paragraph (3), the appointing authority shall take necessary measures, such as education and training for the recovery of ability or the improvement of attitudes, or the grant of special research tasks.

▣ 직원인사규정 제3조(용어의 정의) 이 규정에서 사용하는 용어의...

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