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(영문) 서울고등법원 2020.01.23 2019누53077

부당해고구제재심판정취소

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1. The plaintiff's appeal is dismissed.

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

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the addition of the judgment on the plaintiff’s argument by this court under Paragraph (2) below, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. The plaintiff's argument regarding the plaintiff's argument constitutes grounds for disciplinary action under Article 42 subparag. 3 (Disturbing the plaintiff's discipline), subparag. 4 (harming the plaintiff's reputation), and subparag. 10 (any other similar cause and act of law) of the plaintiff's personnel management regulations, and the grounds for disciplinary action under subparag. 6 may be assessed as "act of crime equivalent to sexual harassment on the job". However, the plaintiff asserts that disciplinary action should be taken into consideration even if it is difficult to view the grounds for disciplinary action as grounds for disciplinary action since the grounds for disciplinary action under subparag. 7 are subsequent to dismissal of the job. The grounds for disciplinary action under subparag. 1, 2, 4, and 6 are recognized as legitimate grounds for disciplinary action, and ② the intervenor's action is recognized as reasonable grounds for disciplinary action, as it constitutes grounds for continuously and repeatedly violating the plaintiff's discipline and intentional acts, etc.

(1) However, even if the evidence presented in the first instance court and in this court are examined, the first instance court’s finding of the grounds for the disciplinary action, 2, 4, and 6, and the grounds for the disciplinary action, 1, 2, 4, and 6, based on such fact-finding, are all justifiable in holding that the grounds for the disciplinary action, 3, 4, and 10 of the Plaintiff’s personnel management regulations (a violation of the Plaintiff’s discipline), and 10 (a violation of the Plaintiff’s honor) are not all applicable.

(2) On a disciplinary decision, the intervenor informs or files a petition with an external institution without making any effort to resolve the case according to the plaintiff's internal procedures.