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(영문) 전주지방법원 2019.11.20 2019구합306
감봉처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 24, 1980, the Plaintiff was first appointed as a local agriculture and forestry inspector, and served as the deputy head of the B local government from July 1, 2017 to July 5, 2018. Among them, the Plaintiff was acting as the deputy head of the B local government from November 29, 2017 to June 30, 2018.

B. On September 28, 2018, the Governor of the Jeollabuk-do Personnel Committee decided to take a disciplinary measure for salary reduction for three months pursuant to Article 69(1) of the Local Public Officials Act on the ground that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”) against the Plaintiff and that the Plaintiff violated the duty of good faith under Article 48 of the Local Public Officials Act. On October 30, 2018, the Defendant issued a three-month disposition for salary reduction (hereinafter “instant disposition”).

According to Article 69 (Grounds for Disciplinary Action) of the Local Public Officials Act and Articles 2 (Standards for Disciplinary Action or Disciplinary Additional Charges) and 5 (Reduction of Disciplinary Action) of the Local Public Officials Discipline Regulations, if a public official’s act constitutes grounds for disciplinary action, a resolution on disciplinary action shall be requested. In particular, in the case of sexual harassment under Article 2 (Definition) of the National Human Rights Commission Act, a disciplinary action against “recompontion or dismissal” shall be taken and the disciplinary action

In addition, according to Article 14 (Disciplinary Action) of B's Guidelines for Prevention of Sexual Harassment, the head of the B's local government provides that disciplinary actions such as disciplinary action shall be taken against the perpetrator in accordance with the principle of non-use unless there are special reasons for sexual harassment

Therefore, the plaintiff requested the competent personnel committee to decide on disciplinary action against the perpetrator when sexual harassment in the job occurs in the position of the agency for the head of the local government.

On the other hand, at the time of September 23, 2017, the director of the accounting division of B local government (local administrative affairs department) entered female employees into the D festival food room at least three times. The hand, which caused only the money, was put in the empty space between the head of the lower lower part of the chest and the upper part of the lower part of the chest, and the female employees stated that “I will not know at once”.

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