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(영문) 대구지방법원 2016.07.22 2015가합206410

면직무효확인 등

Text

1. The Defendant’s disposition of suspension from office against the Plaintiff on June 5, 2015 and disposition of dismissal from office on September 6, 2015 is null and void.

Reasons

1. Basic facts

A. On January 1, 1997, the Plaintiff was subject to disciplinary action on April 10, 201 by the C Medical Center operated by the Defendant Educational Foundation (hereinafter “Defendant Medical Center”) to the effect that “an aggravated disciplinary action, such as reduction of salary, etc., should be imposed in cases where submission of a written request for the submission of a written request for the submission of a written report from time to time is not improved” from around 2005 due to the occurrence of civil petitions related to duties, the delivery of documents related to claims, such as provisional seizure, etc. due to personal obligations, the failure to perform duties of an employee, etc.

Accordingly, the plaintiff prepared and submitted a written statement, a statement of circumstance, a written confirmation, etc. (No. 20 No. 20 No. 1 to 6) stating that "I will accept retirement in the event of a recurrence with due care to prevent the occurrence of a civil petition in the future."

B. On May 14, 2015, Article 62 subparag. 2, 4, 7, and 8 of the Punishment Regulations were applied to the Plaintiff on the ground of interference with the duties of employees due to disturbance, the general director of the medical center and staff D, who belongs to the Defendant, requested the deliberation of disciplinary action against the Plaintiff.

On May 21, 2015, the personnel committee of the medical staff belonging to the defendant discussed whether to punish the plaintiff on the ground that the plaintiff violated Article 62 (2), (4), (7), and (8) of the Punishment Regulations due to his/her negligence of duty, injury to dignity of his/her employees, etc.

On May 28, 2015, the personnel committee of the medical staff belonging to the defendant, at the time of the above meeting, decided to again hold the personnel committee of the medical staff belonging to the defendant to make a final decision in order to give the plaintiff an opportunity to vindicate.

The above personnel committee has discussed the same contents as the personnel committee on May 28, 2015 before May 21, 2015, and upon which the Plaintiff has suspended from office for at least three months.