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(영문) 서울남부지방법원 2017.02.10 2016가합3431
강등무효확인
Text

1. The Defendant’s demotion against the Plaintiff on July 22, 2016 confirms that its disposition of demotion is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The defendant is a worker who is established under the Local Public Enterprises Act and the Seoul Special Metropolitan City Ordinance on the Establishment of the Facilities Management Corporation for the purpose of contributing to the convenience of residents' living, the promotion of welfare, and the improvement of productivity of autonomous districts by efficiently managing and operating facilities and projects designated by the head of the Seoul Special Metropolitan City, Seoul Special Metropolitan City. The plaintiff is a worker who was employed for the defendant on October 10, 202 and was employed as a third-class audit officer of the defendant from April 3, 2012 to November 10, 2014.

B. B’s audit and recommendation of disciplinary action against the Plaintiff 1) Defendant’s superior agency, Seoul Special Metropolitan City B (hereinafter “B”).

between September 15, 2014 and October 2 of the same year, the audit of the Defendant (hereinafter referred to as “audit of the year 2014”) shall be conducted with respect to the Defendant.

A) On November 19, 19 of the same year, B notified the Defendant of the result of the audit in 2014, and notified the Defendant of the recommendation of status measures, etc., which require the Defendant to take disciplinary action according to the Defendant’s own regulations. B recommended the Defendant to take a heavy disciplinary action on the ground that “the Plaintiff has neglected to check the job performance of the Defendant’s employees, although he/she has to take overall control over the audit as an audit officer,” and the details thereof are as follows.

The facility management corporation's status requirement: Total 43 persons (10 persons with severe disciplinary action, 6 persons with warning, 10 persons with warning, and 17 persons with warning) who are classified into actions during the management period under the jurisdiction of the 8 C Center Team A management-3 persons who are related to the replacement of equipment at the 8 C Center pool. ② Negligence in handling a violation of the service regulations of the Corporation (limited to negligence of duties). (3) Inspection of a violation of the service regulations of the Corporation and related audit (limited to negligence of duties). (4) Inspection of a violation of the regulations of the Corporation, among the first responsible persons on April 3 through 1, 14, 201, the audit results of disciplinary action conducted from among the disciplinary actions conducted on November 1, 194.

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