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(영문) 대전고등법원 2015.11.19 2015누11026

부당해고및부당노동행위구제재심판정취소

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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.

Reasons

1. The following facts in the course of the decision made by a retrial may be acknowledged either in dispute between the parties or in full view of the purport of the whole pleadings in the entries in Gap evidence 1, 2, Eul evidence 4, Eul evidence 6-1, 2, Eul evidence 1-1 to 9, Eul evidence 1, 11, 12, Eul evidence 13-1 to 13.

(1) The intervenor is a company with the objective of tourist hotel business, such as employing approximately 1,134 full-time workers and operating a hotel and a D hotel.

(2) From December 2009 to September 17, 201, E is a female employee employed in the annual conference service team of the Intervenor company, who entered into a contract with the Intervenor, and was employed in the Intervenor company as a short-term internship contract worker, from September 19, 201 to July 31, 2013.

(3) On July 16, 1994, the Plaintiff is a male employee dismissed on July 16, 2013 through disciplinary proceedings as follows, who was employed by the Intervenor Company and worked at the C hotel food room service team.

B. (1) Around June 2013, the Intervenor conducted a self-inspection to prevent sexual harassment in the course of sexual harassment against university-industry trainees. In the case of the annual conference service team to which the Plaintiff belongs, the head of the team F of the team conducted an individual interview with the entire department members of the annual conference service team.

(2) In the process, E stated to the effect that “the Plaintiff had repeatedly and repeatedly sexual harassment against himself/herself for a long time” while conducting an individual interview with the head of the F Team on June 19, 2013.

(3) Accordingly, the F Team leader arranged for E to take part in G, the chairman of the female grievance settlement body in the company, and G met with E on June 19, 2013, and requested the Intervenor’s personnel team to investigate sexual harassment cases on June 20, 2013.

(4) After that, the part of the Intervenor’s personnel team leader M is the fact that the Intervenor’s sexual harassment was inflicted on June 26, 2013.