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(영문) 서울중앙지방법원 2016.04.05 2015가합518411

해고무효확인

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are corporations established for the purpose of publishing and selling books and magazines, broadcasting business, etc. The Plaintiff joined the Defendant on March 1, 2002 and served as the members of the social department, the economic department, and the industrial department, etc. from July 24, 2013 to December 24, 2014.

B. On December 22, 2014, the Plaintiff, who was scheduled to be dispatched to the Defendant’s China as the Defendant’s special staff member of the Vietnam War, decided to hold a separate meeting with the reporters after December 11, 2014. However, the Plaintiff did not meet the schedule of other participants, thereby having one reporter (hereinafter “victim”).

(2) On December 14, 2014, the victim reported the Plaintiff’s instant act to the Defendant Trade Union on the following grounds: “In the course of the Plaintiff’s completion of the drinking site on December 12, 2014 at around 1st century, the victim intrudes into the instant officetel building where the victim resides and its corridor without permission, and attempted to prevent the victim from closing the door door or excessively enter the indoor part of the body (hereinafter “instant act”).”

3) On December 16, 2014, the Defendant constituted a member grievance settlement committee composed of labor-management agreements, and secured a written statement, currency recording file, etc. related to the instant act from the Plaintiff and the victim. On December 17, 2014, the Defendant conducted the first face-to-face investigation by the Plaintiff and the victim.

However, on December 18, 2014, the Plaintiff demanded re-examination to the effect that the Plaintiff re-examination would reverse the first face-to-face inquiry statement, and the Members Ombudsman conducted the second face-to-face inquiry against the Plaintiff on December 19, 2014.

B. On December 19, 2014, the Members Settlement Committee for the Defendant, and the “Plaintiff” up to the corridor of the officetel that the victim lives at the time of the instant act.