1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant is a company aimed at manufacturing and selling electronic parts. The Plaintiff is a person dismissed from the Defendant on July 30, 2014, who was employed by the Defendant on December 17, 2012 as the head of the Defendant’s B factory Group C Team.

B. The Defendant, as an employee of Thai Korea Co., Ltd. (hereinafter “Temporary Agency”) and was dispatched to the Defendant, and committed the following acts with respect to D, a female employee who worked in the same team as the Plaintiff, thereby falling under Articles 12, 2, 7, 12, 15, and 20 of the Criminal Procedure Regulations, subject to a resolution of the Defendant Disciplinary Committee, dismissed the Plaintiff as of July 30, 2014 pursuant to Article 13(5) of the Criminal Procedure Regulations (hereinafter “instant dismissal”), and notified the Plaintiff thereafter.

1. Committing sexual harassment, such as physical contact, to female employees within the company;

2. Inappropriate sexual relations with female personnel at the same team;

3. 위 성관계 후 해당 여직원에게 남자친구(당사 근로자)와 헤어지고 자신과 사귈 것을 요구하면서, 이를 따르지 않을 경우 인사상 불이익을 가하겠다고 협박

C. Meanwhile, D filed a complaint with the Plaintiff due to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Occupational Force, etc.) and the crime of quasi-rape on the grounds that the Plaintiff, a subordinate employee, from March 2014 to May 2, 2014, committed an indecent act and rape under the influence of alcohol on May 2, 2014. However, on December 16, 2014, the Plaintiff was subject to a disposition of suspicion on the grounds that the Plaintiff was not recognized as a crime or insufficient evidence from the astronomical Office of the Daejeon District Public Prosecutor’s Office, Daejeon District Public Prosecutor’s Office.

The provisions of the Defendant regarding the instant case are as follows:

[Employment Rules] Article 63 (Reasons for Disciplinary Action) (1) A company shall be subject to disciplinary action in accordance with the reward and punishment regulations if it constitutes grounds for disciplinary action against members.

(2) Types of disciplinary action shall be warning, reprimand, salary reduction, suspension from office, dismissal, etc.

(3) Disciplinary actions shall be decided by a resolution of the personnel committee.