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(영문) 서울행정법원 2017.06.16 2016구합69857

강등처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 1, 1993, the Plaintiff was appointed as the rank of a correctional officer, and promoted to the correctional officer on September 1, 2014, and served as the head of B prison security division from January 19, 2015 to September 2, 2015.

The duties of the chief of the security division are to supervise the overall management of confinement, such as the management and supervision of personnel and service of the employees under his/her control and the safe guard of prisoners, and 156 of the 223 employees working in the B correctional institution are assigned to the security division.

B. On December 30, 2015, the Defendant dismissed the Plaintiff on the grounds of the following disciplinary reasons.

1. Breach of duty to maintain dignity due to sexual harassment against the teachers C (hereinafter referred to as "grounds for disciplinary action 1");

A. On April 10, 2015, the Plaintiff, at the time of presenting the male accommodation Dong on April 10, 2015, was asked D to the Plaintiff’s failure to report to the assistant principal D, a female senior supervisor, that the Plaintiff would promptly move to the male accommodation Dong. On April 13, 2015, D recommended the Plaintiff to attend the meeting of female staff at the “E restaurant located adjacent to the B prison,” and attended the meeting with the senior vice-principal F of the Dong patrol team, and the security administration Class G.

나. 원고는 위 회식자리에서 여직원들과 서로의 팔을 걸고 술을 마시는 소위 ‘러브샷’을 하면서 소주와 맥주를 섞은 소위 ‘폭탄주’를 마시고, 특히 C에게는 H교도소에서 한께 근무한 인연을 거론하고 ‘이쁜이’라고 부르는 등으로 친밀감을 표시하면서 다른 여직원들에 비하여 수 회 더 ‘러브샷’을 하였다.

C. At around 21:00 on the same day, the Plaintiff moved to “E” near the place of “E” and carried out a shouldering with its employees who attended the above ceremony while running a dance, and with some female employees and so-called “blosts” while drinking, the Plaintiff saw ice ice ice ice, and Da ice ice ice c.