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(영문) 서울서부지방법원 2019.01.17 2018가합38164
징계무효확인청구
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 social welfare foundation that establishes and operates C Hospital (hereinafter “Defendant Hospital”) for the purpose of medical business and research business. Since 2004, the Plaintiff is a dentist who has been working for dental dental surgery (excluding dental surgery outside the old dental surgery) at the Defendant Hospital as a medical specialist, and is concurrently a professor at a school foundation D University from 2006.

B. Around August 20, 2018, the Plaintiff boarded the bus near the Defendant hospital, and around 07:10, the victim E (hereinafter “victim”) boarded the bus on the instant bus, seated the Plaintiff’s side seat, kiding the eye, wearing a cell, and photographing the victim’s body, part of the body, and the franch with the Plaintiff’s smartphone.

(이하 ‘이 사건 비행’이라 한다). 피해자는 당시 오른쪽 다리에 무언가가 스쳐서 눈을 떴는데, 원고가 갑자기 핸드폰(스마트폰)을 가져가는 느낌이 들어서 “지금 뭐하시는 거예요 ”라고 물었더니 원고가 “죄송합니다. 지우겠습니다.”라고 말하는 것을 듣고서야 비로소 원고의 이 사건 비행을 인지하게 되었다.

C. On August 27, 2018, the Defendant Hospital held a doctoral ethics and disciplinary committee to decide on the dismissal of the Plaintiff (hereinafter “instant disciplinary action”) on the ground that the Plaintiff’s instant act constitutes either Article 2 subparag. 2 (where the Defendant Hospital’s act was committed an illegal act corresponding to criminal acts), subparag. 4 (where the inside order is disturbed or the hospital’s honor is damaged), subparag. 10 (where sexual harassment was committed on the job), and subparag. 12 (where the act was committed on the job) of the Rules on the Ethics and Disciplinary Committee of the Defendant Hospital, the Defendant Hospital decided on the dismissal of the Plaintiff (where the Plaintiff’s position is deprived and dismissed; hereinafter “instant disciplinary action”). The Defendant Hospital’s head (person with disciplinary authority) obtained the disciplinary action on the same day, thereby obtaining the approval.

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