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(영문) 대법원 2015.01.29 2014다226376
해고무효확인
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court determined that there was no ground for disciplinary action in this part since it is difficult to view the Plaintiff’s written report as false report, among the grounds for disciplinary action that the Defendant asserted on the ground of the instant dismissal.

Furthermore, in the case of the instant disciplinary cause No. 2 and No. 4, the lower court determined that the instant dismissal disposition was null and void on the grounds that, in light of the following: (a) the Defendant, who ordered the instant construction work around May 21, 2007, was a disposal facility of the maximum scale of C treatment designed for the first time in Korea; and (b) the degree of disciplinary action taken by other employees in relation to the instant construction work, etc., the instant dismissal disposition was deemed to have been remarkably lost validity under the social norms, and thus, it cannot be deemed that there was a reason attributable to the Plaintiff, who is an employee, to the extent that it could not continue the employment relationship with

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles concerning false concepts in the dismissal

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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