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(영문) 인천지방법원 2015.07.02 2014가합10782
징계처분취소
Text

1. On July 18, 2014, the Defendant confirmed that the disciplinary action against the Plaintiff for suspension of ten months is null and void.

2. The defendant.

Reasons

1. Basic facts

A. On May 27, 2013, the Defendant is a company engaged in housing management business and building management business, and the Plaintiff entered into a labor contract with the Defendant on May 27, 2013 (hereinafter “instant labor contract”) with the content that the Defendant would receive KRW 1.1 million monthly wage (i.e., monthly wage from around July 2014 to KRW 1.1.90,000) from the Defendant and would take charge of the management office of the building in Incheon Bupyeong-gu from May 27, 2013.

B. On July 15, 2014, the Defendant, as the Director of the Management Office, committed an act of viewing the Plaintiff’s defense at the management office, and raised a defense against the company pointing this out without permission at the workplace, thereby impairing the Defendant’s dignity, and did not perform his/her official instructions. The Defendant notified that the vice president (the vice president) was referred to the Incheon District Public Prosecutor’s Office pursuant to Article 39 of the Rules of Employment (hereinafter “instant Rules of Employment”) was submitted to the Disciplinary Committee on the grounds of the charge of embezzlement of public funds (hereinafter “instant Disciplinary Reason”), and notified the Plaintiff of his/her objection thereto.

C. On July 18, 2014, the Defendant notified the Plaintiff of the decision that the disciplinary action (hereinafter “instant disciplinary action”) was taken to the effect that (i) the suspension from office from July 19, 2014 to May 18, 2015, and (ii) the period of unpaid pay, following the meeting of the Disciplinary Committee (hereinafter “instant disciplinary action”).

The instant employment contract does not contain any content related to suspension from office among the Defendant’s disciplinary actions, but states that matters not related to the content of the instant employment contract are governed by the provisions of the Rules of Employment, such as the Rules of Employment. The instant employment rules are as follows.

Article 39 (Grounds for Disciplinary Action) A company may be punished by dismissal, suspension from office, reduction of salary, and reprimand against a person who falls under any of the following subparagraphs:

(2) A person who has distorted facts or has instigated such facts without permission of the company.

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