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(영문) 부산지방법원 2015.04.10 2014가합51162
해임처분무효확인
Text

1. It is confirmed that the Defendant’s dismissal of the Plaintiff on October 3, 2014 against the Plaintiff is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant Corporation is a corporation established pursuant to the Local Public Enterprises Act to contribute to the stabilization of the residential life of citizens and the improvement of their welfare and the development of local communities. The Plaintiff is a person who was employed by the Defendant Corporation around January 1, 1991 and worked as the head of B team from February 2014.

B. From June 23, 2014 to July 29, 2014, the Plaintiff’s “inspection of the establishment of a public service discipline during the summer period” that was conducted by the Safety and Security Administration (hereinafter “Safety and Security Administration”): (a) has sexual intercourse with women by leaving his/her workplace without permission during working hours; (b) has received a bribe of KRW 1,890,000, such as passenger cars and operating expenses; (c) has entered into an investment agreement with an enterprise within his/her jurisdiction with a statutory maximum interest; and (d) has been discovered that the Plaintiff violated an order to enter a golf course during the period of strengthening the public service discipline related to the Sewol ferry accident; and (e) has demanded a heavy disciplinary measure (excluding a disciplinary measure) from the president of the Defendant Corporation on September 15, 2014.

C. Accordingly, on September 29, 2014, the Defendant Corporation held a personnel committee (hereinafter “instant personnel committee”) and decided to dismiss the Plaintiff for the following reasons, and notified the Plaintiff that he/she will be dismissed on October 3, 2014 (hereinafter “instant dismissal disposition”).

Written Grounds for Disciplinary Action

3. The degree of violation of Article 6 (Duty of Fidelity) of the Employment Regulations and Article 8 (Duty of Good Faith) of the Employment Regulations that stipulate that the workplace shall be removed without permission and sexual intercourse with women during work hours shall comply with the laws and the construction regulations and the employment rules that stipulate that the workplace shall be maintained in a sound life regardless of inside and outside of work shall be reasonable.

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