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(영문) 서울행정법원 2017.09.28 2017구합52887
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the decision on retrial;

(a) An intervenor is a government-invested institution and public corporation established under the Korea Rural Community Corporation and Farmland Management Fund Act, which ordinarily employs approximately 5,110 workers and performs farmland banking projects, and comprehensively manage agricultural infrastructure;

B. The Plaintiff entered the Intervenor’s Corporation around 1992 and served from January 20, 2014 to C.

C. From June 22, 2015 to July 17, 2015, the Board of Audit and Inspection: (a) audited the Intervenor’s head office and its affiliated agencies to comprehensively conduct an audit on the actual status of the execution of daily workers’ personnel expenses (hereinafter “instant audit”); (b) finalized the audit results on January 28, 2016; and (c) requested disciplinary action against the Intervenor on February 25, 2016 as follows.

According to Article 4 subparag. 1 of the Rules of Employment of the Intervenor, Articles 15 and 19 of the Code of Conduct for Officers and Employees, etc., a public corporation officer and employees are not allowed to receive money from a person related to his/her duties, not to borrow or lend money from a person related to his/her duties, and to report the lending or lending of money due to extenuating circumstances to a superior.

- On December 7, 2012, the Plaintiff received 400,000 won from December 2012 to May 2015, 2015, including those who are the representative director of the Company D (hereinafter referred to as “D”), who was the representative director of the Company D (hereinafter referred to as “D”), and received 1 million won from the account of the head of the said Company F to receive 1 million won in his/her own account from December 2012 to May 30, 2015. On January 30, 2015, the Plaintiff requested children to assist in the cost of overseas golf training and used 700,000 won in his/her job-related persons, such as receiving 4.7 million won in total from E to receive 77 million won in his/her account.

- The plaintiff also lent 30 million won to E on December 29, 2009 without reporting to his superior to E on three occasions between January 201 and November 201, and the plaintiff was returned to E on three occasions.

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