해임 무효 확인 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The parties concerned are corporations running C, a residential facility for the disabled under the Act on Welfare of Persons with Disabilities.
The plaintiff is a person with severe disabilities who works as a life rehabilitation teacher in C and has a visual disability (many disability) and a physical disability (class I).
B. The Defendant took disciplinary action against the Plaintiff, and on December 28, 2018, dismissed the Plaintiff (hereinafter “instant dismissal”) on the ground of the Plaintiff’s act of the Plaintiff’s residence with respect to D, in particular refusing to become aware of D (hereinafter “first act”), and the act of breaking TV at the time of not wanting D (hereinafter “second act”).
As a result, giving a social isolation to D constitutes grounds for disciplinary action under Article 88 subparagraph 3 of the C Rules of Employment in violation of Article 59-9 subparagraph 6 of the Act on Welfare of Persons with Disabilities and Article 26 (1) subparagraph 2 of the C resident human rights regulations, and Article 88 subparagraph 3 of the C Rules of Employment in violation of Article 26 (1) of the C Rules of Employment. The plaintiff appeared in the personnel committee to vindicate the E center's investigation and criticizes the victim without any reflective and reflective statements
On January 7, 2019, the Plaintiff appealed to the dismissal of the instant case, and filed a request for review thereof. However, on January 22, 2019, the Defendant dismissed the request for review on the ground that there is no reason to reverse the existing decision upon deliberation by the personnel committee.
C. The amount of benefits that the Plaintiff received during the year 2018 while working in C is KRW 48,517,620.
The progress of the relevant case D prevents the Plaintiff from receiving medical treatment without any justifiable reason even though the Plaintiff’s sound was frightened and unilaterally d, or D said D was frightened to receive hospital treatment because it was not well d, or forced the Plaintiff to make an unfair statement by recording the conversation with D upon F’s request, or intentionally, regardless of D’s request.