부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
On March 2, 1999, the Plaintiff entered the Intervenor company and worked as a director at the Industry-Academia-Research Center located in the Cuniversity. The Intervenor company is a corporation that engages in manufacturing specialized chemical products.
On November 17, 2017, the Intervenor Company held a personnel committee and decided to dismiss the Plaintiff on the ground that “Around July 23, 2017, the Plaintiff, at a singing room in Seoul Special Metropolitan City (hereinafter “instant toilet”), in order to photograph the victim’s “E (hereinafter “the instant toilet”) in the column, carried the cell phone onto the inside and outside of the partitions, and attempted to take the picture.” On November 22, 2017, the Intervenor Company notified the Plaintiff of this on November 22, 2017.
(hereinafter referred to as “instant dismissal.” On February 20, 2018, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission to revoke the dismissal, since the dismissal of this case was unfair by Seoul Regional Labor Relations Commission as Seoul 2018.
On April 16, 2018, the Seoul Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on the ground that “The Plaintiff was aware that the Plaintiff was putting his mobile phone camera in a toilet with widths, which constitutes grounds for dismissal prescribed by the rules of employment, and that it is appropriate to take a disciplinary action.”
(hereinafter referred to as "the first inquiry tribunal of this case". The plaintiff appealed and filed an application for reexamination with the National Labor Relations Commission on May 24, 2018, but the National Labor Relations Commission dismissed the plaintiff's application for reexamination on the same ground as the first inquiry tribunal on July 23, 2018.
(hereinafter “instant decision on review”). The Intervenor Company is implementing the rules of employment, including the following contents:
Article 10 (Matters to be Observed by Members); 19. He/she shall not engage in acts of violence, gambling, or sexual harassment disturbing order of the company.
Article 49 (Reasons for Reprimand, Probation, Reduction of Salary, Suspension from Office) In cases where a member falls under any of the following subparagraphs, the company shall have the degree thereof: