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(영문) 서울행정법원 2018.07.05 2017구합6303

부당정직구제재심판정취소

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1. On August 10, 2017, the National Labor Relations Commission rendered relief from unfair suspension from office between the Plaintiff and the Defendant’s Intervenor.

Reasons

1. Details of the decision on retrial;

A. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was established on June 24, 1964, and has its principal office in Gangseo-gu Seoul Metropolitan Government and is engaged in the management and use of musical works by using 165 full-time workers.

B. On March 8, 2010, the Plaintiff joined the Intervenor and served as the head of the Busan Branch Office of the Intervenor from March 23, 2014.

C. On May 26, 2016, the Intervenor held the fourth personnel committee and took a disciplinary measure against the Plaintiff, based on Articles 36 and 37 of the former Personnel Regulations (amended by May 10, 2016; hereinafter “former Personnel Regulations”), as follows:

(hereinafter “Disciplinary Action 1”)

1. On February 15, 2016 and March 24, 2016, the intervenor ordered the Plaintiff to submit relevant documents in accordance with the business instruction and improvement order to supplement all the documents not submitted at the time of the appointment of the Plaintiff at the time of the appointment of the Plaintiff (at March 2010, at the time of conversion of contract positions and regular workers) by the Ministry of Culture, Sports and Tourism (hereinafter “the Ministry of Culture, Sports and Tourism”) (hereinafter “the Ministry of Culture, Sports and Tourism”), but the Plaintiff refused to submit relevant documents without justifiable grounds, such as refusing to submit documents on the grounds of personal litigation issues with the petitioner (hereinafter “Disciplinary Reason 1”), but the Plaintiff neglected to comply with the duty to report.

2. Although the Culture, Sports and Tourism, as a trust management organization, has ordered the Intervenor to submit relevant documents first, it refuses to do so, resulting in the process of imposing strong levels of sanctions, such as notification of an order for improvement of duties related to employment by the Culture, Sports and Tourism, etc., by which the Intervenor’s trust and honor is respected as a copyright trust organization - notification of disciplinary decision of the personnel committee disciplinary action (No. 36 subparag. 4 of the former Personnel Management Regulations) under Article 36 subparag. 4 of the former Personnel Management Regulations is stated as “Article 33”.