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(영문) 서울행정법원 2019.07.25 2018구합84089
부당해고구제재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. From October 20, 2017, the Plaintiff is a person who served as the principal agent of the engineering command manufacturing2 team in the Intervenor joining the Defendant (hereinafter “ Intervenor Company”).

On October 20, 2017, 37 years of age (Evidence 1)(B) as of October 20, 2017.

The disciplinary action provided for in the disciplinary action regulations of the intervenor company shall be as follows: ① the disciplinary action, ② the advisory dismissal (hereinafter referred to as the “recommended dismissal”), ③ the demotion, ④ the suspension from office, ⑤ the suspension from office, ⑤ the suspension from office, and six reprimands.

Of them, “(B) A person for whom a disciplinary action has become final and conclusive shall be given an opportunity to submit a resignation within three days from the date of notification of the disciplinary action, but the disciplinary action shall be taken to dismiss a person who fails to submit a resignation within the deadline

(Article 14, Article 16 (B), or No. 24-2) of the Disciplinary Rules of the Intervenor Company.

On January 8, 2018, the Intervenor Company’s Disciplinary Committee passed a resolution on the Plaintiff as the grounds for disciplinary action specified in the following table (hereinafter “instant grounds for disciplinary action”).

On January 15, 2018, the Disciplinary Committee, which was held on January 15, 2018, applied for a review on the grounds that the Plaintiff was dissatisfied with the request, passed a resolution.

It is recognized that certain victims of sexual harassment with high level of physical and verbal sexual harassment continuously committed to many contract workers are unable to lead a normal workplace life in case of some victims, and that the fact that sexual harassment was not acknowledged through false statements is no longer possible pursuant to Articles 7(16) and 5(1) of the Criteria for Disciplinary Review that the trust relationship between the plaintiff and the labor union has been broken to the extent that it can no longer continue to maintain the labor relationship with the plaintiff.

All victims are female workers in contractual service.

Among them, D withdrawn on December 17, 2017.

성희롱 사실 E (당시 만 20세) ① 수시로 무진복 마스크를 내리고 피해자에게 입을 내밀며 뽀뽀하는 시늉을 함 ② 2017. 12. 17....

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