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(영문) 서울고등법원 2018.06.22 2018누35898
부당해고구제재심판정취소
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. The judgment of the court of first instance that held that the dismissal of the intervenor by the plaintiff is legitimate and cannot be deemed unfair labor practices, even if all of the evidence presented at the court of first instance and the trial were examined, the contents asserted by the defendant in the trial of first instance are not significantly different from the contents asserted by the defendant or the defendant assistant intervenor (hereinafter referred to as the "participating").

Therefore, the reasoning of the judgment of the court on this case is the same as the reasoning of the judgment of the court of first instance, in addition to the parts used or added as follows. Thus, this Court shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

【A evidence No. 6” is added to the five pages 1 of the judgment of the court of first instance [the grounds for recognition].

From 8th of the judgment of the first instance, the phrase “A No. 10” shall be added to the fourth [based grounds for recognition].

On the 14th page of the judgment of the first instance, the following shall be added.

If the intervenor, as argued by the intervenor, tried to rescue patients who have difficulty walking and help visit an outpatient hospital, the intervenor, who is the guardian, should have provided the patient with the pedestrian aids for the purpose of transporting wastes, not to have the patient take a separate collection car, but to have the patient provide the patient with the pedestrian aids.

The monthly order of 14 pages 13 of the judgment of the first instance is as follows: “15 January” means “15 January.”

2. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is justified on the grounds of its conclusion, the defendant's appeal is dismissed, and it is so decided as per Disposition.

The intervenor argues the illegality of the judgment of the court of first instance and submits a new evidence when applying for resumption of oral proceedings through an attorney newly appointed after the closing of oral arguments at the court of the first instance. The content of the argument is the intervenor's argument in the first instance or the defendant's argument in the grounds for appeal.

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