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(영문) 서울남부지방법원 2019.11.29 2019가합106546
징계처분무효확인의 소
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 Plaintiff is the head of the accounting team of the Defendant Management Support Bureau.

C as a team member of the defendant accounting team around April 2017, the defendant was employed as a contract worker in the defendant and was converted to a regular worker around September 2017.

C reported that the Defendant was sexual harassment by the Plaintiff on September 18, 2018.

(hereinafter referred to as “reported person”). B

On October 23, 2018, the Defendant: (a) asked the Plaintiff on October 23, 2018; and (b) asked the Plaintiff about his living together; (c) there was physical contact with the Plaintiff, such as spacing a trade name, spacing a shoulder, etc.; (d) there was sexual dialogue; and (e) the fact that “the Plaintiff made a speech or behavior,” which is “the Defendant’s disciplinary cause,

(c) It constitutes sexual harassment and sexual traffic;

‘A measure of suspension of a raise in salary was taken on the ground of the reason.

C. The Defendant’s personnel regulations stipulate that the Defendant’s dismissal, demotion, suspension from office, and promotion of salary for 12 months shall be suspended due to the type of disciplinary action, and the salary reduction and reprimand shall be imposed. 0. The Defendant’s detailed disciplinary guidelines stipulate that “in the event of sexual harassment and sexual traffic among violations of the duty to maintain dignity on 10. The degree of such violation is minor, and in the event of a past room,” the Defendant’s disposition of “duty suspension or suspension of salary.”

Facts that there is no dispute over the basis of recognition, entries in Gap evidence 1 and 3, and the purport of the whole pleadings

2. Determination as to the existence of grounds for disciplinary action

A. The Plaintiff’s assertion that the Plaintiff made a statement to the reporter as stated in the grounds for disciplinary action and made a mutual contact with each other, but the Plaintiff’s speech and behavior do not constitute sexual harassment. Therefore, the disciplinary action against the Plaintiff is null and void.

B. Whether the Plaintiff’s speech and behavior constitutes sexual harassment on the job of the relevant legal doctrine refers to sexual harassment on the job by either an employer, a superior or a worker having another worker feel sexual humiliation or aversion by using a position within the workplace or sexual speech and behavior in relation to duties, etc., or sexual speech and behavior or other demands.

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