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(영문) 서울행정법원 2019.01.17 2017구합87395

부당해고구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on dismissal and review;

A. The Plaintiff is a corporation that is established on August 23, 1976 and ordinarily employs approximately 3,00 workers and engages in the environmental sanitation (refection, loyalty, and response) service business. The Intervenor is a person who was employed by the Plaintiff on November 22, 2016 and worked as the personnel innovation team.

B. On March 2017, the Plaintiff confirmed that the Intervenor received a large amount of files to USB. On March 21, 2017, the Plaintiff notified the Intervenor of any internal data, storage devices, copies, etc. acquired by the Intervenor that he/she should immediately return them as the Plaintiff owned, when the Intervenor issued a standby order to investigate the case of leakage of internal confidential data in the company on March 21, 2017.

(hereinafter referred to as the “USB” in which the Intervenor stored files, and the Plaintiff’s standby order dated March 21, 2017 (hereinafter referred to as the “instant standby order”). (C)

The plaintiff, while issuing the standby in this case, was organized by the personnel innovation team that was the team leader in the position of the team leader as one personnel office, and the human resources management team that was the team leader in C as two personnel offices, and was assigned to D as one head of personnel affairs office, and C as two chief of personnel affairs office.

On March 31, 2017, the Plaintiff notified the Intervenor that the Disciplinary Committee was scheduled to hold on April 7, 2017, on the ground that “the Plaintiff’s personal storage device without permission and mass removal without permission for the company’s confidential information, such as the total personal information and benefits data, etc., of the entire employees and employees of the company.”

▣ 징계대상 행위 - 회사 전체 임직원 개인정보 및 급여자료 등 대규모 회사 기밀정보에 대한 개인용 저장장치 무단 저장(이하 ‘제1 징계사유’라 한다) - 회사 전체 임직원 개인정보 및 급여자료 등 중요 회사 기밀정보에 대한 무허가 대량반출(이하 ‘제2 징계사유’라 한다) 무단 저장 및 무허가 대량반출 파일 내용 및 규모 : 6년(2011년~2017년)간의 임직원 전체 급여파일 및 개인정보가 포함된 3,000여 명의 전체 임직원...