부당해고구제재심판정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal, including the part arising from the participation in the lawsuit, are all assessed against the Plaintiff.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the
Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance except for the dismissal of part of the reasoning of the judgment of the court of first instance as stated in the following Paragraph 2. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act
2. In respect of the changed part 2, the “Disciplinary Area” in paragraph 11 of the same Article shall be dismissed as “Disciplinary Action”.
Part 7 sets aside " January 25, 2016" in Part 14 as " December 20, 2015".
Part 10, under Part 15, the following contents shall be added, and the part 10, 16, "the fact of recognition" shall be read as "the above legal principles and facts of recognition".
When a court examines a litigation related to sexual assault or sexual harassment, it shall not lose gender-sensitive assumption so as to understand the issue of gender discrimination in the context of the relevant case and realize gender equality (see Article 5(1) of the Framework Act on Gender Equality). As such, it should be noted that the so-called “second damage” caused by negative reaction, public opinion, disadvantageous treatment, or mental harm, etc. exposed to the victim of sexual assault or sexual harassment in the course of considering the offender-centered culture, perception, structure, etc. of our society in which the victim of sexual assault or sexual harassment is informed of the fact of damage.
The injured party continues to maintain the previous relationship with the perpetrator even after the injured party is threatened with fear and fear of such second damage, and only when the injured party does not immediately report the damage but makes a report with the third party, such as another victim, etc., or recommends the report, and even after reporting the damage.