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(영문) 대전지방법원 2019.09.25 2018구합106165
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. The Plaintiff is a person appointed as a local administrative secretary on August 12, 1991 and served as Chungcheong-do B and a local administrative assistant during the period from February 28, 2017 to January 15, 2018.

B. On December 29, 2017, C received counseling on grievances related to sexual harassment from the Plaintiff to the women’s family policy room of the Ministry of Gender Equality and Family, which had been employed as a fixed-term worker (research institute) in Chungcheongnam-do and Chungcheongnam-do, and the Cheongnam-do Committee for Deliberation on Sexual Harassment (hereinafter “Sexual Harassment Deliberation Committee”) decided on January 16, 2018 as “not falling under sexual harassment.”

C. On January 22, 2018, C filed a report on the settlement of sexual harassment with the Plaintiff to the effect that the Plaintiff was subject to sexual harassment. On February 6, 2018, the audit committee demanded a resolution of heavy disciplinary action on the grounds that the Plaintiff was aware of sexual harassment.

On the other hand, on January 24, 2018, Article 16 of the Guidelines for Prevention of Sexual Harassment was newly established even Chungcheongnam-do to the effect that “where the facts that may reverse the results of the investigation are newly discovered or a false statement is discovered in the course of the investigation, it may file a request for reexamination.” On February 20, 2018, C filed a request for reexamination of the resolution made on January 16, 2018 by the Sexual Harassment Deliberation Committee, and the said Committee resolved on February 28, 2018 as “sexual harassment.”

E. The Plaintiff also filed a petition for review on the resolution of the audit committee, and the audit committee dismissed the petition for review on March 26, 2018.

F. On March 28, 2018, the Defendant requested a heavy disciplinary measure against the Plaintiff to the personnel committee. On April 3, 2018, the personnel committee decided on the disciplinary measure against the Plaintiff for March 3, 2018. In accordance with the resolution, the Defendant notified the Plaintiff of the personnel order for three months of his salary reduction (hereinafter “instant disposition”) on April 12, 2018 pursuant to Article 69(1)1 and 3 of the Local Public Officials Act, and attached to the said notification.

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