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(영문) 서울행정법원 2019.05.30 2017구합63290
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Circumstances and details of the decision on reexamination;

A. The Plaintiff is a corporation established on August 20, 1968 and engaged in manufacturing and selling business, such as electronic appliances, using approximately 710 full-time workers.

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is a person who joined the Plaintiff on June 15, 2009 and served as a management group.

On July 7, 2016, the Intervenor established the D Trade Union, a company-level trade union (hereinafter “instant trade union”), which is organized by the Plaintiff’s employees.

B. On July 13, 2016, the Plaintiff’s personnel committee resolved to dismiss the Intervenor due to grounds for disciplinary action as follows.

On July 18, 2016, an intervenor filed a petition for review of the above dismissal decision. On July 20, 2016, the Plaintiff held a Civil Service Commission on July 20, 2016 and confirmed the dismissal of the Intervenor on July 21, 2016 (hereinafter “instant dismissal”).

The intervenor in the sexual indecent act against the employee E (hereinafter “Disciplinary Reason No. 1”) called the E in the drinking place on October 2, 2015, and drank the alcohol at around October 21, 2015, and she joined the E and cab after the drinking place is completed.

The intervenor, who reported the window outside of the taxi in the taxi, took the left hand of the E, with the hand, etc. by fishing and gathering the hand.

A intimidation to spread a private life regarding the Staff F (hereinafter “Disciplinary Reason No. 2”) stated that “F will go to a female toilet in order for it to go to go to a company,” referring to the question that “F will go to a shot in order for it to go to go to a company,” and that “F will go to a female toilet in order to go to a company.”

Even after that, the Intervenor promulgated and threatened E and G with a question about approximately seven to eight times F.

An intervenor in the union intervention (hereinafter “Disciplinary Reason 3”) said that “Around July 8, 2015, G should not be elected when a specific candidate was elected in the union election at the H Station’s chill site, and that “a broad G cream is not elected.”

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