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(영문) 부산지방법원 동부지원 2018.01.23 2016가단214812

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 3, 1997, the Plaintiff was employed as a Grade 4 broadcasting worker in C institutions, and from February 4, 2013, the Plaintiff served as a proxy for the Director-General of the Korea Press E Bureau (Grade 3).

On May 9, 2014, the defendant was appointed as the president of C institutions.

B. On April 7, 2014, C institutions requested an audit of Plaintiff’s unfair labor practices, verbal abuse, etc., and C institutions’ auditors demanded heavy disciplinary action against Plaintiff on May 7, 2014 after investigating the Plaintiff.

Accordingly, on May 13, 2014, the Defendant demanded the Central Disciplinary Committee of C institutions to make a disciplinary resolution against the Plaintiff, and released the Plaintiff’s position on May 14, 2014.

C. On May 20, 2014, the Central Disciplinary Committee of the C institution asked the Plaintiff on May 20, 2014, and then decided to dismiss the Plaintiff on the ground that “the Plaintiff requested franchises, such as MaC, writers, by taking advantage of the superior position of the E Director-General, and received oral commodity certificates, over-the-job, tea, etc., and received or dismissed the franchise examination conference of MaC which did not make gifts, and made unfair disposition. Moreover, the Plaintiff was provided with entertainment from those related to duties, such as food and clothing, and MC who contributed to broadcasting, and was given improper advice to the staff of the department, thereby undermining work efficiency and morale, and impeding the communication and harmony in the workplace.”

On May 21, 2014, the defendant dismissed the plaintiff according to the resolution of the Central Disciplinary Committee.

On June 20, 2014, the Plaintiff asserted that dismissal is unfair and applied for remedy to the Busan Regional Labor Relations Commission.

E. On September 4, 2014, the Busan Regional Labor Relations Commission’s dismissal of the Plaintiff on May 21, 2014, on the ground that “There are no special circumstances to deem that the Plaintiff received money or entertainment in relation to his/her duties, and in relation to MC unfair dismissal and improper speech, the grounds for disciplinary action do not appear to have been the grounds for disciplinary action.” Thus, the dismissal of the Plaintiff on May 21, 2014 is unfair.