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(영문) 대구지방법원 2018.04.11 2017구합21410
시정지시처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. B is a quasi-market public corporation established pursuant to the Act on the Management of Public Institutions (hereinafter “Public Institutions Operation Act”), which performs investigation and management for the public announcement of C prices and statistical information management, and C market policy support, etc.

B. On February 7, 2016, the Plaintiff, the president of the institution B, reported sexual harassment to his/her employees, and the Defendant conducted fact-finding investigations against the Plaintiff and the employees of the institution B from February 10, 2016 to February 17, 2016.

C. On the grounds that the fact of sexual harassment on the Plaintiff’s job was confirmed as a result of the investigation, on February 23, 2016, the Defendant issued a corrective order to the effect that, with respect to the violation of the Labor Relations Act, the Defendant was subject to disciplinary action or other similar measures pursuant to Article 14 of the Equal Employment Opportunity and Work-Family Balance Assistance Act (hereinafter “Equal Employment Opportunity Act”), and as to the result, shipping the result thereof.” (hereinafter “instant corrective order”).

On July 3, 2016, the Plaintiff, the president of the return company, which was the due date for correction of the provisions of the Act on Violation of the Act, committed sexual harassment on the job against the female employees of B institutions in the Seoul Office and the cafeteria located in Daegu Suwon-gu, Daegu-gu, on November 3, 2016. Pursuant to Article 14(1) of the same Act, the Plaintiff shall without delay be subject to disciplinary action and other equivalent measures, and submit the result thereof, Article 12 of the Equal Employment Opportunity Act (Prohibition of Sexual Harassment on the Job) shall be issued on March 30, 2017.

On February 22, 2017, the Minister of Land, Infrastructure and Transport recommended the dismissal of plaintiffs from office to the Minister of Strategy and Finance pursuant to Article 35 (3) of the Public Institutions Operation Act, and the plaintiff was dismissed from office on March 1, 2017 by the head of the B institution.

E. On March 6, 2017, B reported to the Defendant that “the Plaintiff was dismissed as of March 1, 2017 pursuant to Article 35(3) of the Public Institutions Operation Act in relation to the instant corrective order.”

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