부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
A. A status intervenor of the parties is a public institution under the Ministry of Employment and Labor, which has been established under the Industrial Accident Compensation Insurance Act and ordinarily employs 6,600 workers and carries out industrial accident compensation insurance, application and collection of employment insurance, etc. with six regional headquarters throughout the country and 50 branch offices, etc.
On October 1, 1999, the Plaintiff was appointed as the Intervenor’s employee, and from January 1, 2016, the branch office C was from January 1, 201 to B, and the branch office B from January 1, 2017 to B.
B. A disciplinary action against the Plaintiff was filed by the Plaintiff’s branch with the Plaintiff’s improper speech and behavior, and the Intervenor audited the Plaintiff from April 3, 2017. (2) On April 14, 2017, the Intervenor ordered the Plaintiff to work as the Seoul Regional Headquarters from April 14, 2017 to June 13, 2017.
(3) On May 10, 2017, the Intervenor requested the personnel committee to take a disciplinary action against the Plaintiff on May 10, 2017, and notified the Plaintiff of the attendance at the personnel committee held on May 15, 2017. On May 11, 2017, the Intervenor notified the Plaintiff of the change of the ground provision for removal from position under Article 41(1)2 of the Personnel Regulations. 4) The Intervenor’s personnel committee held on May 15, 2017, which was held on May 15, 2017, decided to dismiss the Plaintiff as of May 25, 2017, and the Intervenor notified the Plaintiff of the result thereof on May 25, 2017.
(1) Disciplinary grounds 1) An act prohibited by the Intervenor’s provision of harassment refers to an act prohibited by the provision of the Plaintiff’s sexual harassment, and “absing a person who is located in the position of a relative weak, such as subordinate staff, contractual staff, and internship by taking advantage of the organization status.”
In line with the foregoing disciplinary cause, bullying and unfair job instruction (hereinafter the above disciplinary cause of this case) facts (i.e., the number of employees around January 1201 to June 6).