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(영문) 서울중앙지방법원 2015.11.20 2015가합18652

징계처분무효확인

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 September 29, 1994, the Plaintiff joined the Defendant and served as a member of the business support team of the department store B operated by the Defendant on November 7, 201.

B. On June 15, 2015, the Defendant received anonymous information to the effect that “I would like to take appropriate measures against the act of impairing dignity, etc. by maintaining an improper relationship with the female employees in the same department, so that the Defendant would take appropriate measures against the act of impairing dignity, etc. through thorough investigation, and consider whether there is no need to regulate and improve the Defendant’s company’s company culture, for instance, the revolving culture, the meeting of the closure day team, etc. until the latest time.”

C. From June 18, 2015, the Defendant directly investigated C and the Defendant, and C submitted resignation to the Defendant on the 30th of the same month.

On July 13, 2015, the Defendant: (a) held a personnel committee on the grounds that “In spite of the fact that the Plaintiff was married, the Plaintiff had a personal relationship, such as accepting high-priced gifts with his superior and high-priced gifts after frequent work; (b) the Plaintiff’s husband knew of the fact that the Plaintiff’s husband sent a certificate of access prohibition to the other trading company, thereby impairing his dignity due to inappropriate relations with the trading company; and (c) decided on the disposition of demotion against the Plaintiff on the ground that “the Plaintiff caused disturbance to public morals in the workplace,” and notified the Plaintiff on the same day.

(hereinafter “instant disciplinary action”). E.

The main contents of the defendant's reward and disciplinary action regulations, service regulations, rules of employment, and ethical ethics are as follows:

Where a member under Article 15 (Grounds for Disciplinary Action) of the Regulations on Rewards and Disciplinary Measures falls under any of the following subparagraphs, he/she shall be subject to disciplinary action following the personnel committee:

1. Violation of the regulations of the company or violation of the business order of its superior officer without any justifiable reason, thereby disturbing its discipline and order;

(i)a company, due to bad conduct, such as a disturbance of wind, violence, intimidation, etc.