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(영문) 서울행정법원 2021.02.17 2019구합89333
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including those resulting from the participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a juristic person that establishes and operates E University and F University (hereinafter “instant school”).

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was enrolled in the instant school on November 1, 2002 and served as a team leader from September 2005 to the head of the general affairs management team, from March 2014 to the head of the general administration office, and the Intervenor C was enrolled in the instant school on February 17, 2003 and served as the head of the general administration team, and the Intervenor was employed as the head of the general administration team from February 17, 2003, while serving as the head of the general affairs management team at the library belonging to the instant school, and the Intervenor was the husband and wife.

B. The Intervenor B was transferred to the class operation team on February 20, 2017, while the Intervenor C was transferred to the student support team on the same day.

(c)

From November 11, 2018 to December 28, 2018, the planning team of the instant school planning room conducted a special audit on the administrative and financial management of the instant school from November 11, 2018 to December 28, 2018.

As a result of the special audit, the school of this case requested the disciplinary committee to take disciplinary action against the intervenors on January 30, 2019, and on February 19, 2019, the disciplinary committee decided to dismiss the intervenors on the ground of the following disciplinary action:

On February 26, 2019, the instant school made an abstract of the grounds for the determination of disciplinary action against the intervenors ( intervenors B) as a result of the determination of the instant disciplinary action on February 26, 2019.

The head of the general administration office who was in charge of the violation of the Rules on Equipment Management (hereinafter referred to as the "grounds for disciplinary action 1") is not only a position that has a final responsibility for the theft, loss, or damage of the equipment as a manager of the overall equipment management. In addition, the head of the general administration office has consistently made it clear that he/she does not memory the lost equipment even though he/she had obtained approval on the draft document at the time of purchase with respect to the equipment for which the loss of the equipment is confirmed as stated below, and therefore, he/she has insufficient awareness of responsibility as a manager and ethics, and the regulations on the management of the material.

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