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(영문) 서울남부지방법원 2018.03.13 2017가합108098
정직무효확인
Text

1. On May 2, 2017, the Defendant confirmed that a disciplinary measure of six months of suspension from office against the Plaintiff is invalid.

2...

Reasons

1. Facts of recognition;

A. According to the Copyright Act, the Defendant is a legal entity established for the purpose of protecting the rights of the C Copyrighter under the Copyright Act, obtaining permission to exploit and manage the C Works in trust, and contributing to the development of C Culture, and the Plaintiff performed the duties of the Secretary-General Acting for the Defendant from November 2, 2015 to August 30, 2016.

B. On February 16, 2017, the Defendant’s Head of the Business Headquarters (1) requested the Defendant’s Chairperson to take disciplinary action against the Plaintiff on the ground that the Plaintiff violated the Defendant’s duty to obey, direct, and supervise the following acts while performing the Defendant’s duties on behalf of the Director General, around 2016. ① Failure to report the Defendant’s details on important matters regarding the introduction of the annual salary system to the Defendant’s Chairperson before holding the board of directors; ② failure to report the Defendant’s sexual indecent act on July 4, 2016 to the Defendant’s Chairperson on July 6, 2016; ③ reporting the Defendant’s sexual indecent act to the Defendant’s Chairperson on the date of confirming the CCTV of the above sexual indecent act case; ④ failure to report to the Plaintiff’s Chairperson the fact that the Plaintiff indirectly participated in the performance of duties, and failed to report the fact that the Plaintiff’s act was in violation of the Defendant’s duty to direct and supervise the audit’s electronic discipline and the Plaintiff’s duty to convene the Plaintiff’s 27th meeting.

The defendant shall be suspended from office that takes effect from May 2, 2017 to the plaintiff according to the above resolution.

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