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(영문) 서울고등법원(춘천) 2019.08.21 2019나50517
징계처분무효확인의 소
Text

1. Revocation of the first instance judgment.

2. On April 12, 2018, the Defendant’s disciplinary action against the Plaintiff for one month of salary reduction was taken.

Reasons

1. Basic facts

A. The defendant is a local public enterprise that manages and operates the facilities of the fleet. The plaintiff is a person who was employed as a public official of the Jeong-gun Office and was employed by the defendant on September 18, 2006 and worked as the B Team leader at Grade 6 in general service.

B. On January 30, 2018, the Plaintiff listened to the horses made by mixing C with bathology while dialogueing C and working conditions, who are subordinate employees, at the model of the Plaintiff on January 30, 2018, and made it twice twice.

C. Accordingly, on April 2, 2018, the Defendant’s chief director demanded the personnel committee to decide on “one month of salary reduction” against the Plaintiff.

On April 10, 2018, the Defendant held a personnel committee and passed a resolution on the reduction of salary for one month against the Plaintiff on the ground of “injury, assault, threat, etc.” on the ground that there was an indication of “X” in the “A” column for the deliberation of disciplinary action provided to the members of the personnel committee during the deliberation process.

On April 12, 2018, the Defendant notified the Plaintiff of the disciplinary action for January of salary reduction (hereinafter “instant disciplinary action”).

On the other hand, the personnel committee decided to punish C on the same day on the ground that C violated the dignity maintenance.

The main contents related to this case in the personnel regulations of the defendant are as follows, and the relevant attached Table 8, 8-1, and 12 shall be as specified in the attached Table.

Article 64 (Standards for Disciplinary Action) (1) of the Regulations on the Enforcement of the Personnel Regulations shall be as follows, and the standards for types of misconduct and reprimand shall be as specified in attached Tables 8 through 11:

1. The term "serious disciplinary action" means removal, removal, demotion, or suspension from office;

2. the term “ordinary disciplinary action” means salary reduction or reprimand;

(2) In making a decision on a disciplinary case, the personnel committee shall make a decision on a disciplinary case according to the disciplinary criteria in attached Table 8, taking into consideration the behavior, performance, merits, situation of attendance, details of request for disciplinary punishment, and other circumstances of the disciplinary suspect.

(3) In determining a disciplinary case, the personnel committee shall determine it.

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