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(영문) 춘천지방법원영월지원 2019.03.28 2018가합10205
징계처분무효확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is a local public enterprise that manages and operates the facilities of the fleet.

The plaintiff is a person who was employed by the defendant on September 18, 2006 and was employed as the team leader at Grade 6 in general service.

On January 30, 2018, the Plaintiff heard the horses from C, which are mixed with abusive language, while dialogueing with C on the working conditions, which is a subordinate employee, at the model of the Plaintiff, and tried to twice more than twice.

On April 10, 2018, the Defendant held a personnel committee to decide on disciplinary action against the Plaintiff for the violation of the duty to maintain dignity, injury, assault, etc., and notified the Plaintiff of the said disciplinary action on April 12, 2018.

On the other hand, the main contents of the defendant's personnel regulations are as follows, and the attached Table 8, 8-1, and 12 are as follows.

Article 64 (Standards for Disciplinary Action) (1) of the Regulations on the Enforcement of the Personnel Regulations shall be as follows, and the standards for types of misconduct and reprimand shall be as specified in attached Tables 8 through 11:

1. The term "serious disciplinary action" means removal, removal, demotion, or suspension from office;

2. the term “ordinary disciplinary action” means salary reduction or reprimand;

(2) In making a decision on a disciplinary case, the personnel committee shall make a decision on a disciplinary case according to the disciplinary criteria in attached Table 8, taking into consideration the behavior, performance, merits, situation of attendance, details of request for disciplinary punishment, and other circumstances of the disciplinary suspect.

(3) In making a decision on a disciplinary case, the personnel committee shall be able to maintain fairness in the performance of duties and establish impartiality by taking measures against irregularities and irregularities, and receive money and valuables in relation to his/her duties shall be reprimanded strictly.

(4) Notwithstanding the provisions of paragraph (2), if it is deemed extremely difficult to expect that any misconduct occurred in the course of his/her minor and negligent job handling, in good faith and active manner, or legitimate handling by social norms, the resolution of the misconduct shall not be made or attached Table 12.

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