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(영문) 서울행정법원 2015.02.05 2014구합15535

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

1. Details of the decision on retrial;

A. An intervenor is a corporation established on December 28, 201 pursuant to the Act on the Establishment and Operation of B, a national university corporation, with the purpose of education, research, etc. using the degree of 3,067 full-time workers.

The plaintiff was employed as a public official on October 1, 200, before the conversion of the intervenor into a corporation, and the intervenor was converted into a corporation, and the plaintiff retired from the public official and was appointed as an employee of the intervenor, and served until now.

B. From the time when the Intervenor was converted into a corporation, the Plaintiff served as the administrative officer of the Human Research Institute for Humanistics (hereinafter “Korean Human Research Institute for Humanistics”) affiliated with the Intervenor, and was in charge of directing and supervising the teaching assistants belonging to the Human Research Institute for

However, around August 2012, some professors of the humanities requested the head of the Intervenor’s personnel division to “the Plaintiff has inflicted damage by verbal abuse, sexual harassment, etc. to the teaching assistants belonging to the humanities Research Institute, etc.” to take appropriate measures.

On October 1, 2012, in order to investigate whether the Plaintiff committed the aforementioned misconduct, the Intervenor took measures to issue a standby order to the Plaintiff, while investigating the Intervenor at the Human Rights Center under the Intervenor’s Human Rights Center (hereinafter “Human Rights Center”).

However, the Human Rights Center concluded the instant case on December 18, 2012, because relevant persons, such as the teaching assistants belonging to the humanities Research Institute, did not consent to the investigation.

After that, on January 1, 2013, the intervenor issued a personnel management order to the Plaintiff as a school secretary.

C. On April 9, 2013, the Director of the Human Research Institute of the humanities submitted a statement that the nine employees of the Human Research Institute of the humanities employed by the intervenors “the intervenors suffered damage, such as hearing sexual harassment from the Plaintiff.”

An intervenor shall investigate the Plaintiff on May 15, 2013 and the 16th day of the same month, and thereafter investigate the relevant persons, and thereafter, on July 17, 2013, the Plaintiff shall make the professors, teaching assistants, and working-level students belonging to the Human Research Institute.