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(영문) 서울중앙지방법원 2015.01.23 2014가합562725
해고무효확인
Text

1. It is confirmed that the Defendant’s dismissal of the Plaintiff on August 14, 2013 against the Plaintiff is null and void.

2. The Defendant on February 2, 2014 to the Plaintiff.

Reasons

Basic Facts

The plaintiff was employed by the defendant on January 1, 2004 and was in the lower class in B team from February 5, 2013.

On May 6, 2013, the Plaintiff participated in a single food ceremony for the employees belonging to the Defendant B, but was under the influence of drinking female employees after the completion of a meeting.

The above employee shall be the same year

5. On October 10, the Plaintiff filed a complaint with the purport that “after the completion of a meeting, the Plaintiff had sexual intercourse with himself under the influence of alcohol by taking advantage of a state without a mental disorder and sustained injury therefrom,” and the Plaintiff had the same year.

7. 26. The crime of quasi-rape was detained.

On July 31, 2013, the defendant opened a disciplinary committee (hereinafter referred to as the "Disciplinary Committee") to decide on disciplinary dismissal against the plaintiff.

On August 14, 2013, an employee in charge of the Defendant found the Plaintiff in the detention house and issued a notice of disciplinary action, stating “sexual assault and sexual indecent act against the constituent members” as the grounds for disciplinary action.

(A) The dismissal of the Plaintiff as of July 31, 2013 (hereinafter “instant dismissal”). The Plaintiff was prosecuted for the crime of quasi-rape injury, and the court acquitted the Plaintiff on February 6, 2014.

The prosecutor appealed against this and appealed, but the same year

8. 14. Appeal was dismissed, and the prosecutor’s waiver of appeal became final and conclusive at that time.

The defendant's disciplinary regulations are as follows.

7.1.The attendance of the person to be disciplined. 1) When the personnel committee wishes to deliberate on any disciplinary action, it shall notify the person to be disciplined in writing not later than three days prior to such action; 2) the person to be disciplined may attend the personnel committee or may make a statement

7.2Examination and Statement 1) The Disciplinary Personnel Committee should give the person to be disciplined an opportunity to make full statements. 4) The person to be disciplined.

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