beta
(영문) 춘천지방법원 2019.11.13 2019가합50185

정직2개월 징계처분 무효확인

Text

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

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

Reasons

1. Presumed factual basis

A. On February 1, 2017, the Plaintiff entered into a contract for the appointment of clinical professors with the Defendant, a corporation established pursuant to the Act on the Establishment of National University-affiliated Institutes (the appointment period: from February 1, 2017 to February 28, 2018), and entered into a contract for the appointment of clinical professors with the Defendant (the appointment period: from February 1, 2017 to February 28, 2018) with the Defendant’s medical center outside the Defendant’s hospital as a blood medical specialist, and entered into a new contract for the employment with the term of the contract until February 28, 2019.

B. The Defendant’s disciplinary action against the Plaintiff 1) On July 27, 2018, the employees of the Defendant’s clinic filed a request for a grievance review with the Defendant’s Ombudsman on the grounds that the Plaintiff abused language in the operation room. On November 19, 2018, the above grievance settlement committee referred the Plaintiff to the Personnel Committee, and the said personnel committee decided to refer the Plaintiff to the Disciplinary Committee. (2) On January 3, 2019, the head of the hospital requested a resolution on the Plaintiff on the ground that “the Plaintiff’s 8th staff grievance settlement committee was deemed to have abused his authority.”

3) On January 10, 2019, the Defendant Disciplinary Committee decided that the Plaintiff was punished by two months of suspension from office by applying Article 68 [Attachment 5] subparag. 1 (Violation of Duty of Good Faith) and subparag. 7 (Violation of Duty of Good Faith) of the Rules on Personnel Management to the Plaintiff’s act on the ground that “the Plaintiff’s abusive language and act brought about by the 8th Staff Ombudsman was an abuse of authority, and the victim formed a hostile employment environment and organized culture, such as the Plaintiff’s continuous and repeated act, and caused damage to the press, etc.” (hereinafter “instant disciplinary action”). Accordingly, on January 15, 2019, the head of B Hospital decided that the Plaintiff was punished by a disciplinary action against the Plaintiff on January 15, 2019, on the ground that “the Plaintiff’s abusive language and sexually abused act was committed,” and “the Plaintiff committed the Plaintiff’s act of suspension from office.”

5. The defendant