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(영문) 춘천지방법원원주지원 2019.01.10 2018가합5986

징계무효확인 등 청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was employed by the Defendant on January 16, 1988, and served in the Audit and Inspection Division from January 1, 2013 to June 30, 2015, and was employed as a Class C manager first.

B. On April 13, 2018, the Defendant Disciplinary Committee decided that the Plaintiff violated Article 42 of the Personnel Regulations of Defendant and Article 24 of the Code of Conduct for Officers and Employees, and that the Plaintiff constitutes a ground for demotion in accordance with the disciplinary standards stipulated under Article 61 of the Personnel Regulations and Article 75 of the Enforcement Rule of the Personnel Regulations.

Accordingly, on April 16, 2018, the defendant's president took a lecture against the plaintiff (hereinafter "the lecture of this case").

C. The specific disciplinary measure against the Plaintiff is that “The Plaintiff had a sense of shame and displeasure to the employees by sexual speech and behavior during the audit room employees and the drinking room on March 16, 2018.”

hereinafter referred to as the "Disciplinary Reason of this case"

D. In the review of the disciplinary committee against the Plaintiff, the instant demotion disposition, which was the original disposition, was maintained. [In the absence of any dispute over the grounds for recognition, each entry in Gap evidence Nos. 2, 3, and Eul evidence Nos. 3 and 5, and the purport of the entire pleadings

2. Summary of the plaintiff's assertion

A. Although the Plaintiff made a somewhat inappropriate statement, the pertinent statement does not constitute sexual harassment.

B. The instant demotion is too excessive to deviate from and abuse discretionary power.

3. Determination

A. (1) According to the overall purport of evidence Nos. 1 through 8 of the instant disciplinary cause and the entire pleadings, the Plaintiff’s error should be deemed to be the person for whom it was known that it would be deemed to be one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom the other for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom one for whom it