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(영문) 서울행정법원 2015.05.14 2014구합67666

부당징계구제재심판정취소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

The intervenor in the process of the retrial decision is a legal entity that employs 145 full-time workers at the 9th floor of the building C in Jeju, and conducts research and development activities related to the business of the State and local governments. The plaintiff is a person who was enrolled in the intervenor on April 16, 2013 and was employed as a contracting researcher.

Disciplinary Grounds (hereinafter referred to as the "Disciplinary Grounds of this case") and the relevant provisions

1. Breach of duty of good faith (including breach of duty) - The duty to complete the work within a specified period of time as a business contractual position, but neglecting the work intentionally at the time of the completion of the work without any countermeasures and transfer and takeover - Article 3 of the Service Rules, Article 6 of the Personnel Management Rules, Article 4 of the Employment and Annual Salary Contract

2.Violation of the duty to obey - Failure to comply with the order, such as normal dispatch and return to work of the chief, the chief of the department, and orders for work handling, Article 3 of the Service Rules

3. Deserting from work - Absence from work on July 10, 2013

8. 26. 26 - Articles 52 and 57 of the Personnel Management Regulations, Articles 4 and 7 of the Service Regulations, and Article 5 of the annual salary contract.

4. Violation of the duty of confidentiality - arbitrarily recording the contents of internal meetings related to the duties, and leakage of business-related information to press organizations, etc. - arbitrarily divulging information to other agencies and press organizations - Article 3 of the Service Rules, Article 4 of the annual salary

5. Violation of a duty to maintain dignity - Violation of a corporation’s defamation: an individual’s arbitrary preparation of news report materials that an illegal work occurs in a foundation, not a fact: (a) the individual voluntarily prepared them; and (b) the intervenor under Article 3 of the Service Rules; and (c) the appointment and annual salary contract of February 13, 2014; and (d) three months of suspension from office on grounds of the following grounds and relevant provisions:

(hereinafter “instant suspension disposition”). On February 19, 2013, the Plaintiff filed an application for relief with the Jeju Special Self-Governing Province Regional Labor Relations Commission (hereinafter “ Jeju Labor Relations Commission”). Jeju Labor Relations Commission’s ground for disciplinary action on April 17, 2014.