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(영문) 대구지방법원 2016.01.15 2015가합391
해임처분취소
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 defendant is a school foundation that maintains and manages C University, etc. to conduct higher education.

On March 1, 1995, the Plaintiff was employed by the Defendant-affiliated C University and worked at C University from that time.

B. From February 1, 2013, the Plaintiff served at C University Industry-Academic Management Team. On June 16, 2014, and June 17, 2014, the Plaintiff submitted a written petition about the Plaintiff’s sexual indecent act, sexual harassment, abuse of authority, speech violence, and neglect of duty to C University. 2) Accordingly, the Defendant had an interview with the said employees from July 7, 2014 to July 14, 2014, and the Defendant requested the Defendant’s general staff disciplinary committee (hereinafter “Defendant Disciplinary Committee”).

On August 26, 2014, through a meeting of the Disciplinary Committee with a total of five times from July 24, 2014, the Defendant Disciplinary Committee determined that a disciplinary cause, such as sexual harassment, sexual harassment, abuse of authority, speech violence, and neglect of work, was recognized, and decided on the dismissal of the Plaintiff on the ground that the Plaintiff violated any of the subparagraphs of Article 5(1) of the Regulations on the Disciplinary Action on General Personnel of School FoundationB (hereinafter “the instant disciplinary provision”).

Accordingly, the defendant dismissed the plaintiff on September 2, 2014.

(hereinafter “instant disciplinary action”). C.

Grounds for Disciplinary Action

1. On January 7, 2014, the instant indecent act Plaintiff committed sexual indecent acts, such as: (a) four employees of the Industry-Academic Cooperation Foundation, including E, and four members of the instant industry-academic cooperation foundation; (b) returned home to other employees than E; and (c) going home to E; and (d) went into the back seat of the passenger car; and (c) was sexually committed on the part of E, such as taking off E’s hand and forced him/her.

2. The Plaintiff’s sexual harassment on May 15, 2014: “The Plaintiff collected 10,000 won from the employees of the Industry-Academic Cooperation Foundation and the Korea Business Association together with the employees of the Korea Business Association to enter into a meeting place, and, at the same time, collected membership fees for 10,000 won.”

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