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(영문) 서울행정법원 2019.01.25 2018구합52396

부당해고구제재심판정취소

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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.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a corporation that employs approximately 3,500 regular workers and runs banking business, etc.

The intervenor entered into an employment contract with the plaintiff on May 29, 1995, and from October 13, 201, the intervenor was in charge of the duties of the personal examiner and the chief of the credit affairs division.

(Personal Review Board, etc. is merged and changed to the Credit Business Department). (B)

On April 17, 2017, the Plaintiff’s Disciplinary Committee, which was held on April 17, 2017, decided that the Intervenor be punished by the grounds for disciplinary action as follows, was dismissed, and the Plaintiff notified the Intervenor on May 11, 2017.

(hereinafter “instant dismissal”). 1. On January 1, 200, the Intervenor violated the duty of mutual respect in the workplace (hereinafter “Disciplinary Reason 1”) by having a staff member of the credit business division feel insult, fear of fear, sense of shame, etc. due to the speech inappropriate at the time of his/her employment as the chief of the credit business.

2. According to the detailed report on major issues, such as the application for transaction and the distribution room, etc., the information pertaining to the leakage of customer information should be reported immediately after being recognized.

However, on August 2016, the intervenor received a report that it is impossible to identify the location of 51 of the credit card application that was kept in the department through the credit card source manager, etc., but did not make the upper report.

3. According to the key information protection methods in the mobile storage media (hereinafter “Disciplinary Reason 3”), each part using the mobile storage media (the term “ETM”) must be designated as a person responsible for management.

In addition, according to the digital transmission procedure, if an employee directly delivers a mobile storage medium containing information above confidential information between departments physically far away, he/she is encrypted or is subject to exceptional approval.