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(영문) 서울서부지방법원 2019.07.18 2018가합35738
해고무효확인
Text

1. On December 1, 2017, the Defendant’s dismissal against the Plaintiff is confirmed to be null and void.

2. The defendant shall be the plaintiff and Ga.

Reasons

1. Facts of recognition;

A. The Defendant is a public institution affiliated with D agency established pursuant to the C Development Support Act that is governed by the Act on the Management of Public Institutions. It is a corporation that ordinarily employs approximately two hundred workers and operates promotion projects, F projects, etc.

B. The Plaintiff joined the Defendant on August 14, 2006, and had been working as the chairperson of the G Trade Union B branch from February 1, 2015.

C. On May 2017, the Plaintiff, at the same time with Nonparty H and Nonparty I, who is a workplace member, was to marryed with Defendant I and to know of this fact to H. On May 23, 2017, the Plaintiff entered into a sexual relationship with H on May 23, 2017.

(hereinafter “Disciplinary Reason 1”) D.

On June 25, 2017, the Plaintiff married with I.

E. On July 10, 2017, H took the Plaintiff on his job with Nonparty J and J, a workplace volunteer, and the Plaintiff saw H to return to his house after having completed her job, using her flickly and flicked H to return to his house to his house.

(B) On December 1, 2017, the Defendant dismissed the Plaintiff on the ground that the Plaintiff violated his duty to maintain dignity and committed an unlawful act, such as the instant 1 disciplinary cause, and that he forced his employees to commit an indecent act as in the instant 2 disciplinary cause, and that he severely damaged the Defendant’s reputation by mentioning the pertinent illegality in the inspection of state administration and reporting it through the media.

(g) On December 7, 2017, the Plaintiff resigned from the Chairperson of the G Workers’ Union B branch, and Nonparty K was elected as a new Chairperson on March 5, 2018 through a special election.

H. The provisions pertaining to the dismissal of the instant case are as follows.

Article 9 (Duty to Maintain Dignity) Employees of the Regulations on the Service shall always take due care of their speech and conduct so that they may not impair the honor and dignity of the Foundation regardless of whether they are on or out of their duties.

Article 3 (Basic Ethics) (2) Officers and employees shall have high ethical values and maintain their dignity.

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