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TITLE Supreme Court Decision 2017Du70793 Decided November 26, 2020 【Revocation of Readjudication on Relief Request for Unfair Dismissal】 [full Text]
Summary
[1] Whether the disciplinary measure shall be null and void in a case where a procedure for a reexamination has not been carried out or the effect of the reexamination cannot be recognized as any gross defect exists in the procedure for a reexamination even if the original disciplinary measure fulfilled the required conditions (affirmative)
[2] The effect of the disciplinary measure in a case where a disciplinary measure was made by the resolution of the disciplinary committee composed otherwise even though the composition of the disciplinary committee is prescribed by collective agreements, rules of employment, or disciplinary regulations based thereon (negative in principle)
[3] The nature and interpretation method of the rules of employment
Prev Supreme Court en banc Decision 2016Da13437 Decided November 26, 2020【Violation of the Duty of Preferential Reemployment, etc.】
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