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(영문) 서울서부지방법원 2017.08.24 2016가합36669
정직처분무효확인
Text

1. On February 1, 2016, the Defendant confirmed that the one-month disciplinary action against the Plaintiff, which was taken against the Plaintiff, is null and void.

2...

Reasons

1. Facts of recognition;

A. The defendant is a corporation with the purpose of broadcasting business and cultural service business, and the plaintiff is a reporter belonging to the defendant company.

B. On December 7, 2012, the Defendant issued a disciplinary action for two months of suspension from office (hereinafter “prior disciplinary action”) against the Plaintiff on the ground that the Plaintiff failed to comply with C’s order of production of soft, a superior, and thus violated Articles 3, 4, and 66 of the Rules of Employment, and the Defendant’s guidelines for broadcast production.

C. The Plaintiff filed an application for review on the prior disciplinary action, but the Defendant’s Review Personnel Committee decided on December 21, 2012 to maintain the prior disciplinary action as it is. D.

Accordingly, the Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of a prior disciplinary action (Seoul Southern District Court 2013Gahap2499). On May 9, 2014, the said court rendered a judgment that the prior disciplinary action is invalid on the ground that it was unlawful by abusing its discretionary power. The said judgment was dismissed from the appellate court on January 5, 2015 (Seoul High Court 2014Na26509) and the appeal was dismissed on May 14, 2015 (Supreme Court 2015Da72444).

E. On February 1, 2016, the Defendant failed to comply with the Plaintiff’s direction of production of sets related to “E” as the head of the news station at the time D 10:00, and ② sent his articles to the news system four times without permission in the circumstances where D 10:0 was located, and ③ without recognizing employees who do not participate in the strike after the strike in 2012 as a club fee, the Defendant was able to look at the head of C division in the same office and disarmed the direction system, and ④ on September 27, 2012, the Defendant made public comments and insulting comments on PD employed after the strike in 2012 on the company’s bulletin board including the head of the headquarters, ⑤ on the half of 2012, and on the half of 2012, the personnel management and recommendation of the president and the network matters.

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