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(영문) 서울고등법원 2017.05.26 2016누77263

부당징계구제재심판정취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff, including the costs of supplementary participation.

Reasons

1. The reasoning for the court's explanation concerning this case is that "the defendant" of the second 12th 12th th th th th th th th th th th th th th th th th th th th th th th th th "E" shall be read as "G", "E" of the fifth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

2. Additional determination

A. 1) Summary of the Plaintiff’s assertion 1) The content related to the Plaintiff’s internship assessment as to the Plaintiff’s assertion by the Intervenor did not constitute grounds for disciplinary action. Nevertheless, it was erroneous for the instant disciplinary action to include it, thereby adversely affecting the objectivity and fairness of regular employment due to C and private relations.

In light of the fact that the Plaintiff’s internship assessment was not significant in the employment of full-time employees, and the Intervenor’s damage to the Intervenor’s social reputation is not serious, and C was not subject to any disciplinary action, the instant disciplinary action was deviates from and abused by discretion.

B. (A) According to the evidence No. 6 of the grounds for disciplinary action No. 1, the intervenor notified the Plaintiff on July 20, 2015, which was held on July 23, 2015, prior to the instant disciplinary action, of the attendance of the disciplinary committee held on July 23, 2015, and the reasons therefor include the following.

The Plaintiff had an inappropriate relationship with C from April 2014 to July 2014. The pertinent employee was an intern during the said period, and the Plaintiff was in the position of the representativeor that could affect the said employee’s full-time conversion.