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(영문) 서울북부지방법원 2016.08.25 2015가합26249

징계무효확인

Text

1. On October 5, 2015, the Defendant confirmed that the disciplinary action against the Plaintiff was null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Defendant is a juristic person established pursuant to the Act on the Establishment and Operation of Local Medical Centers that provides health and medical services. On March 16, 2012, the Plaintiff is employed as a medical specialist in the Dong Hospital in Seoul Special Metropolitan City (hereinafter “instant hospital”) that the Defendant is entrusted with, and the director B is employed as the director of the division.

On January 12, 2015, a person ordered to hold concurrent offices by the director of the instant hospital C (hereinafter “instant order to hold concurrent offices”) is subject to the order to hold concurrent offices.

B. 1) On March 14, 2007, the instant hospital was designated as a “local emergency medical institution” by the Dongdaemun-gu Seoul Metropolitan Government Office. The Ministry of Health and Welfare, on November 17, 2014, pointed out that the instant hospital did not have an emergency room even though the instant hospital was designated as a local emergency medical institution. 2) The instant hospital, when it issued a personnel assignment order on January 9, 2015, issued an emergency room to D who worked as the director of C’s office (hereinafter “instant transfer order”), and the instant order was rejected by the Plaintiff and C’s director of C’s division, who had been assigned to the instant hospital for five years from 1994 to 3.5 years from the date of the instant order for the transfer order, and the instant order was rejected by the Plaintiff and C’s director of C’s division, who continued to comply with C’s request for the transfer order from 15th of Seoul Labor Relations Commission.