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(영문) 서울서부지방법원 2019.02.12 2018가합34988

해고무효확인

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 20, 2007, the Plaintiff joined the Defendant, who is a press broadcasting company that runs the broadcasting business and the cultural service business, and served as a reporter.

B. On May 10, 2017, the Defendant’s D (the place where the Defendant’s employees received reports on sexual harassment and sexual assault incidents related to the Defendant’s employees) reported that “EA, which was broadcasted by the Defendant around February to March, 2014, provided that the Plaintiff, a reporter belonging to the Defendant’s producing country, was sexual harassment in several inappropriate languages from the Plaintiff, and the Plaintiff was subject to mental treatment on several occasions on July 30, 2015.”

(c) The Defendant organized a special audit team according to the instant report and conducted an investigation against C and the Plaintiff from May 12, 2017 to January 30, 2018. Meanwhile, during the investigation period, G on November 9, 2016, the Plaintiff attempted to engage in larceny and sexual indecent act using a reporter’s identity against an employee wishing to join a press organization. D. The Defendant’s audit team determined that the content of the instant report and F’s G was all true, and notified the Plaintiff of the result of the special audit on February 2, 2018. The summary of the audit results was as follows (the Plaintiff raised an objection, but the Defendant dismissed it on February 20, 2018).

In light of the contents of the Plaintiff’s sexual harassment H and call continuously continued for a long time from February 2015 to July 2015, the Plaintiff’s sexual indecent act in the hotel was committed on July 30, 2015, and the Plaintiff’s sexual harassment with C and the hotel continued to engage in sexual harassment for the purpose of sexual conduct on July 30, 2015, and attempted physical contacts against C’s will.