부당해고구제재심판정취소
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.
1. Details of the decision on retrial;
(a) An intervenor is a public agency that employs 600 full-time workers and carries out various projects related to C and D, etc.
On February 5, 1996, the plaintiff has been employed by the intervenor.
B. On February 26, 2018, the Intervenor’s audit room investigated the content that “the Plaintiff sustained messages that may cause fear or apprehensions through the information and communications network, such as mobile phone messages, to the victim E and his/her family members, who are female employees of the Intervenor, caused serious mental distress to the victim,” and then requested a resolution of heavy disciplinary action against the Plaintiff to the personnel committee on February 26, 2018.
C. On March 7, 2018, the Intervenor Personnel Committee resolved on disciplinary action against the Plaintiff on the ground that “the Plaintiff committed an act falling under subparagraphs 4 and 11 of Article 3 of the Discipline Regulations, such as impairing the Plaintiff’s dignity as an intervenor and exercising verbal violence in the workplace.”
Accordingly, the Plaintiff requested a review, but on March 12, 2018, the Review Personnel Committee decided to maintain disciplinary action against the Plaintiff.
On March 13, 2018, the Intervenor notified the Plaintiff of the result of the above disciplinary resolution and dismissal.
(hereinafter “instant dismissal”) D.
On April 2, 2018, the Plaintiff filed an application for remedy with the Gangwon Regional Labor Relations Commission. However, on May 29, 2018, the Gangwon Regional Labor Relations Commission dismissed the Plaintiff’s application for remedy on the ground that “the dismissal of the instant case was not defective in the disciplinary procedure, the grounds for disciplinary action are recognized, and the disciplinary action cannot be deemed excessive.”
(Gangwon2018 Busan 88). e.
On July 5, 2018, the Plaintiff filed an application for reexamination with the National Labor Relations Commission, but the National Labor Relations Commission dismissed the Plaintiff’s application for reexamination on September 18, 2018.
(Central 2018 Sub-Section 765, hereinafter referred to as “instant decision by reexamination”). / [Grounds for recognition] of no dispute, Gap evidence 1 to 5, Eul, or 17.