징계면직무효확인 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a corporation that employs 15,000 full-time workers and operates banking business under the Banking Act. The plaintiff is a person who was employed by the defendant on August 2002 and served as the director at B branch.
B. On January 16, 2016, at around 00:44, the Plaintiff was performing physical fighting with C, D, and alcohol, a subordinate employee of the Defendant, while drinking with C and Sivia attached thereto, and C used C’s face on the floor. As a result, C was performing two instances of surgery, such as an injury on the right frame, etc. requiring approximately 12 weeks’ treatment, due to the injury on the right frame, and the removal of stoves from stoves.
(hereinafter referred to as “instant accident”). C.
On February 26, 2016, following the personnel committee established on February 18, 2016, the Defendant determined disciplinary dismissal against the Plaintiff on the ground of the disturbance of public order in the Republic of Korea due to excessive drinking and violent events against employees at the time of a branch office’s employment. The Defendant notified the Plaintiff of the disciplinary dismissal.
(hereinafter “instant dismissal disposition”). Accordingly, on March 9, 2016, the Plaintiff requested the Defendant to review the said decision, but on April 1, 2016, the said decision was made on the same date.
The defendant's personnel regulations related to the instant case are as follows.
Article 35 (Persons subject to Disciplinary Action) (1) of the Personnel Regulations shall be disciplinary action against an employee who falls under any of the following subparagraphs:
3. Where the articles of incorporation, rules of employment, pledges, code of ethics for executives and employees, regulations on duties, or orders to stipulate on duties or to take instructions, disciplinary action under Article 36 (Classification, Criteria, Effects, etc. of Disciplinary Action) shall be classified into dismissal, suspension from office, reduction of salary, reprimand, and detailed matters concerning the relevant standards, effects, etc. shall be prescribed by detailed regulations;
In determining a disciplinary action pursuant to Article 37 (Determination of Disciplinary Action) of the Enforcement Rule of the Personnel Regulations, the circumstances shall be fully taken into account, such as the behavior, performance record, change of work records, existence of past disciplinary facts, etc. of a person to be disciplined, and if a person to be disciplined has received a reward, the reward shall be granted.