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(영문) 대전고등법원 2018.04.12 2017누14500
부당징계구제재심판정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal and supplementary participation arising between the Plaintiff and the Defendant.

Reasons

1. The reasoning of the court’s explanation concerning the instant case is as stated in the reasoning of the judgment of the first instance, except for the addition or dismissal of the following part as set forth in paragraph (2). Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(The grounds alleged by the plaintiff in this Court while filing an appeal are not significantly different from the contents alleged by the plaintiff in the first instance court, and even if all the evidence submitted in the first instance court are examined, the fact-finding and the determination of the first instance court are justified). 2. A surcharge or a surcharge was added to the part.

A. The addition of the part in the judgment of the court of first instance, 6th 13, added "related to the employee's labor union activity" next to the 6th th th th th th 13th th th th th th th th th th th th th th th th th th th th th th th th th th th th, "However, Article 47 of the Personnel Management Regulations limited the types of disciplinary action to 5th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th.

Then, the plaintiff's claim shall be dismissed on the ground that the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal shall be dismissed on the ground that the judgment of the court of first instance is dismissed, but since the judgment of the court of first instance was omitted in the litigation cost between the plaintiff and the intervenor, it is so decided as per Disposition pursuant to Article 8 (2) of the Administrative Litigation Act and Article 212 (3) of the Civil Procedure Act, since the judgment of the court of first instance was omitted in the judgment of the court of second instance.

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