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(영문) 부산지방법원 2015.01.30 2014가합11942
징계처분무효확인 등
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff joined the defendant Corporation on March 9, 1992 and currently worked in the underground shopping mall business place to which the defendant belongs, and the defendant is a corporation established under Article 76 of the Local Public Enterprises Act and the Ordinance on the Establishment of the Busan Facilities Corporation.

B. 1) For the purpose of solicitation for promotion, the Plaintiff granted to Nonparty B, the former president of the Defendant, KRW 5 million in cash, and KRW 100,000 in cash, and KRW 100,000 in department store gift certificates, and was subject to disciplinary action to the personnel committee on the ground of irregularities granted KRW 1 million in cash and KRW 100,000 in department store gift certificates, and was subject to disciplinary action on October 20, 2008. 2) On November 12, 2008, the Plaintiff filed a petition for review against the above dismissal and filed a petition for review. On November 2, 2008, the Plaintiff was subject to the “three-month conditional suspension from office that was mitigated by the personnel committee on March 2, 208” (hereinafter “instant conditional suspension from office”).

3) At the time of receiving the above dismissal disposition and the instant conditional suspension disposition, the Plaintiff was serving as the head of the C Management Team as a team leader of the C Management Team. However, on November 13, 2008, according to the instant conditional suspension disposition, the Plaintiff was subject to the instant conditional suspension disposition by the Defendant and was subject to the personnel assignment order stating that he will be demoted to the administrative Grade 5. Article 24 (Restriction on Promotion and Promotion) omitted under Article 22 (Promotion Order) of the 23 (Restriction on Number of Years Required for Promotion) omitted. Of the persons falling under any of the following subparagraphs among those subject to promotion under Articles 22 and 23 (Restriction on Promotion and Promotion) of the 22 (Restriction on Promotion) of the 22 (Promotion Order), excluding those subject to a request for disciplinary action, disciplinary action, temporary retirement, or probationary appointment:

2. A person for whom the following period has not elapsed from the date of completion of disciplinary action:

(c) Demotion suspension from office: Article 37 (Demotion) (1) of one year and six months may be demoted of an employee in cases where he/she becomes a reduction in the number of personnel, budget reduction, etc.;

(2) Notwithstanding the provisions of Articles 22 and 23, when a vacancy occurs in a higher class, the personnel who are demoted under paragraph (1) shall take precedence over the vacancy.

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