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(영문) 서울서부지방법원 2013.11.28 2013가합5305
해임무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a public corporation incorporated on July 1, 200 by the National Medical Insurance Corporation and the National Medical Insurance Association, which carries out health insurance projects and long-term care projects for the aged under the National Health Insurance Act and the Long-term Care Insurance Act.

(2) On July 1, 1989, the Plaintiff entered the Defendant and was transferred from February 1, 2008 to April 25, 201 to the Changjin-si’s Long-Term Care B (Grade III), from April 26, 201 to March 4, 2012, from March 5, 2012 to the long-term care branch B, from March 5, 2012 to the long-term care branch, and was assigned to the branch office, who was assigned to the Defendant on January 1, 2013.

B. A dismissal disposition against the Plaintiff (1) around October 2012, the Defendant requested the Defendant’s Central Disciplinary Committee to take a disciplinary measure against the Plaintiff on the ground that it is recognized that the Defendant violated the Defendant’s obligation under Article 38 of the Personnel Management Regulations as a result of a special audit against the Plaintiff.

(2) Accordingly, the Defendant’s Central Disciplinary Committee, which was held on January 11, 2013, decided to dismiss the Plaintiff on the grounds of the following disciplinary grounds (hereinafter “instant disciplinary grounds”).

[Grounds for Disciplinary Action]

1. From the beginning of January 2010 to D’s sexual intercourse with the objective of forming a new sexual relationship, and damages the dignity of its employees ① provide meals to D and E’s representative at the YA restaurant located in the Dongdong Sports Park, and provide singing in a singing room (hereinafter “D’s body”). ② provide pet language on June 26, 2012; ② provide D’s body with a cell phone message on September 27, 2012; and search for a cell phone message on September 18, 2012, including a woman’s bridge, sexual expression, etc.; and ③ provide a cell phone message on June 26, 2012 to D’s office at the latest from April 1 to December 30, 2012; or ③ provide a cell phone message on June 21, 2012 to D’s office at the latest.

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