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(영문) 서울행정법원 2018.11.08 2017구합63689

해임처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. B Agency B was enacted by Act No. 13809 on January 19, 2016 and came into force on September 1, 2016.

The former corporation D was dissolved when B completed the registration of incorporation in accordance with the B institution law, and all rights, obligations and property of the corporation D were comprehensively transferred to B.

A quasi-market-type public corporation established pursuant to the Act on the Management of Public Institutions (hereinafter referred to as the "Public Institutions Operation Act") shall be a quasi-market-type public corporation.

On March 3, 2014, the Plaintiff was appointed as the head of agency B (the term of office from March 3, 2014 to March 2, 2017).

나. 2017. 2. 7. 언론에서 B기관의 원장인 원고가 그 소속 여직원에게 성희롱을 하였다고 보도하자, 국토교통부장관은 원고와 B기관 직원들을 상대로 사실조사를 실시하여, ① 원고가 2016. 11. 3. C총회(C)를 마치고 대구 수성구 소재 한 식당에서 소속 여직원에게 ‘양놈들은 너 같은 타입을 별로 좋아하지 않는다. 넌 피부가 뽀얗고 날씬해서 중국 부자가 좋아할 스타일’이라는 발언을 하고, ② 2016. 7. 서울사무소 직원들과 간식을 먹는 자리에서 ‘아프리카에서는 전쟁에서 지면 예쁜 여자는 지주의 성노예가 되고 못 생긴 여자들은 병사들의 성노예가 된다’는 발언을 한 사실을 확인하였다.

C. On February 22, 2017, the Minister of Land, Infrastructure and Transport presented a proposal for dismissal of the Plaintiff to the Public Institutions Operation Committee (hereinafter “Steering Committee”) pursuant to Article 35(3) of the Public Institutions Operation Act, on the ground that the Plaintiff is deemed difficult to perform his/her duties as a normal head of the agency as a sexual harassment problem.

On February 24, 2017, at the first meeting held on February 24, 2017, the steering committee suspended the resolution on the proposal for dismissal (hereinafter referred to as “the first steering committee”), and at the second meeting held on February 27, 2017 at the request of the Minister of Land, Infrastructure and Transport to re-examine the proposal for dismissal as follows:

(c).