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| TITLE | Supreme Court Decision 2021Du33470 Decided December 28, 2023 【Revocation of the Adjudication Ordering Reexamination of Remedy from Unfair Dismissal】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] In a case where a certain ground constitutes a ground for disciplinary dismissal but does not constitute an ordinary ground for dismissal, whether an employer may issue, at its discretion, a disposition of ordinary dismissal by invoking the said ground (affirmative) and, whether an employer is required to take the procedure under disciplinary dismissal (affirmative in principle) [2] Whether there should be a reasonable ground for dismissing an employee on the ground that the said employee falls under the grounds for dismissal prescribed in the rules of employment (affirmative) Cases where the reasonableness of dismissal is recognized where an employer dismisses an employee in accordance with the rules of employment stipulating that an employer may dismiss an employee on the ground of poor job evaluation or work competence which hinders the said employee from continuing work and standards for determining whether the case at issue fits within cases where an employment relationship can no longer continue in light of generally accepted ideas of the society | |
