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(영문) 서울고등법원 2012.11.16 2012나24875
해고무효확인
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. Basic facts

A. On February 28, 2004, the Plaintiff was dismissed from the Defendant Corporation on July 20, 2010, when he/she became a career worker and served as the following positions.

The director of the planning and coordination office chief of the plaintiff's office in charge shall be the CD of the planning and budget team leader at the end of February 28, 2004 through December 12, 2006 and f E of the planning and budget team leader at the end of January 1, 2007 and around December 2007 through f E of the planning and budget team leader at the end of January 2008 and around June 2008 to f E of the strategic team leader at the end of June 23, 2009.

B. On February 23, 2009, the Plaintiff was dismissed from the Defendant Corporation on the ground that it violated the duty of integrity by receiving money and valuables of KRW 4 million in relation to H business (hereinafter “the first dismissal disposition”).

On April 29, 2009, the Plaintiff filed an application for remedy against unfair dismissal with the Gyeonggi Regional Labor Relations Commission for dismissal on April 29, 2009, and was judged to be unfair dismissal on June 17, 2009. The Plaintiff was reinstated on August 14, 2009 after the Defendant filed an application for reexamination with the National Labor Relations Commission.

C. On August 14, 2009, the Defendant Corporation issued a personnel order to dismiss the Plaintiff from position pursuant to Article 36 of the Personnel Regulations (hereinafter “instant dismissal from position”).

(2) On July 20, 2010, the Defendant Corporation notified the Plaintiff of the disposition of dismissal (hereinafter “the second dismissal disposition”) on the grounds that the Plaintiff’s deliberation through the disciplinary procedure reveals that it has disturbed accounting order and breached its duty in good faith, such as misappropriation of budget with the following content:

The excellent performance shall be achieved and used for the purpose of creating and using the external activity expenses of the president after receiving a budget under the direction of the president to find ways to cover the external activity expenses, by pretending that excellent performance is achieved and the cost reduction is paid to the realizing department.

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