logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2016.09.22 2016누10525
부당해고구제재심판정취소
Text

1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The portion resulting from the participation in the appeal costs.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the case being cited or added by the following parts, and thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. On February 18, 2016, the first instance judgment was dismissed on the following grounds: “The second final appeal of the case related to the relevant civil affairs is pending in the Supreme Court due to the final appeal of the present intervenor, etc.” in the first instance judgment No. 11 and 12 (see, e.g., Supreme Court Decision 2015Da63008).

(b) Beginning 14 of the first instance judgment’s “44,” “46” and “5 and 7 evidence” are added to “5 and 7 evidence” in the second sentence of the first instance judgment, and “after considering the personal circumstances, etc., for which the Intervenor received the commendation and which are faced with psychological and economic difficulties,” in the third sentence of the first instance judgment.”

C. From Nos. 9 to 10 of the judgment of the court of first instance (Article 2-4(d))

D. (1) With respect to the validity of conditional dismissal, Article 27(1) of the Labor Standards Act provides that the time of dismissal shall be notified in writing, and the purpose of the above provision must be stated in the fixed date of dismissal. The instant dismissal cannot be deemed as the preliminary and conditional dismissal, and thus, it cannot be deemed that the effective date of dismissal is the final and conclusive date of dismissal.

(1) The act during the period of null and void dismissal is an act during which a “individual labor relationship has not been actually maintained, and thus cannot be deemed a cause of disciplinary action, and it is null and void as a retroactive disciplinary action (B.C.). The instant dismissal is a de facto same disciplinary action as that of the null and void dismissal, and thus, cannot be allowed to have practically avoided res judicata.

(3) The dismissal of the instant case.

arrow