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(영문) 서울남부지방법원 2018.06.08 2017가합107460
해고무효확인
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company that employs approximately 20,700 full-time workers and operates a supermarket business, etc.

On July 1, 1996, the Plaintiff joined Samsung C&T corporation and worked as an employee belonging to the Defendant from March 201 through reorganization and change of duty. From July 16, 2014, the Plaintiff worked as the general manager of the Defendant’s store planning department.

B. On February 19, 2016, the Defendant notified the Plaintiff of his dismissal on February 29, 2016 on the ground that the Defendant’s rejection of the Defendant’s bid for construction works, private use of company expenses, offering of and acceptance of partner entertainment, absence from office without permission, and the grounds for disciplinary action of bad faith (hereinafter “each of the instant grounds for disciplinary action”) constituted Article 81(1) and (3)(20) of the Defendant’s rules of employment.

(hereinafter referred to as “instant dismissal”). C.

On April 15, 2016, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission regarding the instant dismissal.

On June 10, 2016, the Seoul Regional Labor Relations Commission rendered a decision to accept the above application for remedy to the effect that “only the part concerning private utility of the company expenses among the grounds for each of the grounds of the instant disciplinary action is recognized, and the reason alone is excessive.”

On July 21, 2016, the Defendant filed an application for reexamination seeking the revocation of the said determination with the National Labor Relations Commission. However, on October 13, 2016, the Defendant was determined by the National Labor Relations Commission to dismiss the application for reexamination with the same purport as the said determination.

E. On February 1, 2018, the Defendant filed a lawsuit against the Chairperson of the Seoul Administrative Court seeking the revocation of the instant decision on reexamination (hereinafter “relevant administrative litigation”) by the Seoul Administrative Court No. 2016Guhap82621, and the said court rendered a judgment revoking the decision on reexamination by the Central Labor Relations Commission.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 3, 7, 8, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the claim to nullify dismissal

A. 1 Plaintiff’s compliance with disciplinary procedures.

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