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(영문) 서울고등법원 2015.01.05 2014나26509
정직처분무효확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

On December 7, 2012, Plaintiff A.

Reasons

Basic Facts

The defendant is a stock company that carries on broadcasting business and cultural service business.

The Plaintiffs were reporters belonging to the Defendant, and Plaintiffs A and B were in charge of the production of “E”, which is the news reporting program, and Plaintiff C participated in the production of “F”, which is the news reporting program.

On December 7, 2012, the Defendant issued a three-month disciplinary measure against the Plaintiff A and B on the ground that “The Defendant committed a violation of Article 3, Article 4, Article 9 subparag. 3, Article 66 subparag. 1, and Article 66 subparag. 6 of the Rules of Employment by putting an interview without reporting to the company and putting an article of criticism and defamation containing expressions that depict the personality of the management and the head of the department to which he/she belongs,” against the Plaintiff A and B (hereinafter “disposition of suspension from office against Plaintiff A and B”).

On December 7, 2012, the Defendant issued a disciplinary measure against the Plaintiff C for two months of suspension from office (hereinafter “disposition of suspension from office against the Plaintiff”) on the ground that the Plaintiff violated Articles 3, 4, and 66 of the Rules of Employment, and the Defendant’s guidelines for broadcast production, by failing to comply with the direction of production of G, his superior.

The Plaintiffs filed an application for reexamination with the Defendant’s reexamination personnel committee, but the Defendant’s reexamination personnel committee decided to maintain the above suspension on December 21, 2012.

Article 3 (Duty to Observe Rules of Employment) The Company shall work for its employees under the working conditions prescribed in these Rules, and its employees shall comply with the matters prescribed in these Rules and the regulations of the Company and shall perform their duties faithfully in accordance with the commercial instruction.

Article 4 (Maintenance of Dignity) Employees shall not commit any act detrimental to the honor and dignity of a company, and shall observe the principles of broadcast, the principles of ethics, and the code of ethics, and maintain order in a workplace by respecting mutual recognition.

Article 9 (Matters to be Reported) Employees shall, without delay, report to the head of the relevant department and the director-general in charge of personnel affairs in the following cases:

3. Raising, publishing, and lectures to the contents related to the company's affairs or duties of employees;

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