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(영문) 서울고등법원 2016.04.07 2015누63267
인용결정무효 및 징계권고처분취소등 청구의 소
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, with the exception of partial deletion, addition, and modification of the contents of the judgment of the court of first instance as follows, and exclusion of the defendant's main defense to seek confirmation of invalidation of the decision of sexual harassment among the lawsuits of this case from the grounds of the judgment of the court of first instance and the judgment of the court of first instance on the grounds of the judgment of the court of first instance as stated in the reasoning of the judgment of the court of first instance. Thus, this is cited in accordance

(except for the part that was not appealed as above, the grounds alleged in the trial by the plaintiff and the defendant are different from those alleged in the first instance court while filing an appeal. However, considering the evidence additionally submitted by the plaintiff and the defendant in the trial court and the witness I in the trial court, it is not different from the facts finding in the first instance court and the judgment in light of the witness I in the trial court's testimony in the first instance court). The "the plaintiff" in the sixth part of the first instance judgment is deleted.

The part of Part 16 of the judgment of the first instance shall be added "in writing at least five days before the date of deliberation and resolution of the Committee" in the following part of Part 9.

The following shall be changed from the 18th of the first instance judgment to the 10th of the 10th to the 10th of the 10th of the 19th instance judgment.

In this case, the defendant is also the defendant who did not notify the plaintiff in writing of the expected part of the summary of the petition. Thus, the defendant seems to have violated the "Rules on Investigation into and Remedy against Human Rights and Discrimination," but Article 46 (1) of the Act, which is the basis of the above provision, provides that "the respondent shall give the respondent an opportunity to state his/her opinion," and the above "Rules on Investigation into and Remedy against Human Rights Act" is merely a decoration provision in light of its content and system, and thus, the procedure and result of the case are merely the administrative procedure of the defendant.

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