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(영문) 대전지방법원 천안지원 2018.11.16 2018가합193
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 28, 2017, the Plaintiff, who is a ground for disciplinary action, entered a female toilet (the first floor toilet) by the Defendant Company C (hereinafter “victim”) and opened a door.

B. On October 13, 2017, the Defendant’s disciplinary committee composed of three persons (D branch presidents, E site presidents, F office chiefs) and three persons (G representative directors, H quality directors, and I personnel division) who hold a disciplinary committee (hereinafter “the first disciplinary committee”) were deliberated upon on disciplinary action against the Plaintiff on October 13, 2017, and the Plaintiff participated in the above deliberation. The contents of the deliberation are sufficiently applicable to the Plaintiff’s act. The Plaintiff’s act constitutes workplace sexual harassment requirement. While the Plaintiff’s past workplace sexual harassment history and the level of job attitude were examined, the heavy disciplinary action is not necessary. However, with respect to the Plaintiff’s dismissal, the Plaintiff’s joint investigation by labor and management, legal review, and advice by experts, and thereafter, the Defendant’s disciplinary committee was decided to take disciplinary action against the Plaintiff on October 31, 2017 (hereinafter “the second disciplinary committee”). The Defendant’s disciplinary action against the Plaintiff’s dismissal of the Plaintiff.

The Disciplinary Committee has attended the plaintiff and notified the grounds for disciplinary action and decision.

On November 14, 2017, the Plaintiff filed a petition for review on November 7, 2017, with the purport that “I will reflect in depth on the behavior that would be taken by female employees and companies due to an instigious behavior, and show an opportunity to return to the company.” 2) The Disciplinary Committee will maintain the original decision through a review on November 14, 2017.

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