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| TITLE | Supreme Court Decision 2007Du18406 Decided July 29, 2010[Revocation of Removal from Position contained in Retrial Decision on Relief from Unfair Dismissal] [full Text] |
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| Summary | |
| [1] Where disciplinary action is imposed for the same reasons that the employee was removed from his position, does removal from the position become invalid? (affirmative) Does the laborer have a legal right to seek a remedy against removal from the position? (affirmative with qualification) [2] Where an employee was removed from his position because he posted a statement on a labor union Internet bulletin insulting the President of NHIC, thereby violating an employee's duty under the personnel administration rules and harming dignity and the dismissal disposition was also rendered later based on the same ground, the case held that the judgment below is erroneous in misunderstanding legal principles since the laborer has legal interests in seeking remedy from the above disposition of removal from position although it was invalidated by the dismissal disposition | |
