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(영문) 창원지방법원 진주지원 2018.02.08 2017가단32424
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from April 26, 2017 to February 8, 2018, and the following.

Reasons

1. Facts of recognition;

A. On May 1, 1997, the Plaintiff and the Defendant-related Plaintiff joined the Defendant and was issued as the head of the department on September 1, 2006, and served as the head of the department until now.

B. On February 6, 2015, the Defendant issued a first disciplinary measure against the Plaintiff on March 18, 2015, the first disciplinary measure against the Plaintiff) on February 6, 2015: (i) the Defendant’s attitude of working as an employee is very unfaithful; (ii) the Defendant violated the duty to obey orders; (iii) the violation of the duty to obey instructions; (iv) the violation of the duty to maintain dignity; (v) the violation of confidential information; and (vi) the violation of the Election Act.

B) On March 18, 2015, the Defendant rendered a request for remedy against the primary disciplinary action against the Gyeongnam Regional Labor Relations Commission (hereinafter “Local Labor Relations Commission”) against the first disciplinary action against the Plaintiff.

On May 7, 2015, the Regional Labor Relations Commission determined that the first disciplinary action was unfair on the ground that the grounds other than the “violation of the Service Regulations” that the Plaintiff, among the grounds for the first disciplinary action on May 7, 2015, was insufficient in the fair election process as an executive secretary at the time of an election of executive officers, and that the said grounds alone are not appropriate as the grounds for disciplinary action, and that the measure of indefinite suspension equivalent to that

2) The Defendant ordered the Plaintiff to be reinstated on July 15, 2015, and the Plaintiff was reinstated on July 3, 2015.

On July 7, 2015, the defendant, immediately after reinstatement, notified the plaintiff of the attendance of the Disciplinary Committee.

On July 15, 2015, the Defendant was subject to a disciplinary measure for six months of suspension from office on the grounds of forgery of documents, ② violation of the service regulations related to election, ③ insult remarks against directors.

B. The Plaintiff filed a request for remedy against the second disciplinary action with the Regional Labor Relations Commission, but the said commission on September 25, 2015.

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