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(영문) 서울서부지방법원 2015.05.14 2014가합8400
징계처분무효확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is performing other duties related to the collection amount (Grade 4) at the defendant's branch office in Incheonnam-dong, Incheon.

B. As a result of the Defendant’s audit of the Plaintiff around July 2014, the Defendant demanded the Defendant’s Special Disciplinary Committee on Disciplinary Measures against the Plaintiff on the ground that, in violation of Article 83(12) of the Defendant’s Personnel Regulations from 2012 to 2014, the Plaintiff perused the qualifications of B residing in the area under the jurisdiction of another branch without permission, data on imposition of household charges, insurance premiums, overdue payment, approval for installment payments, medical care benefit inspection status, etc. over 19 times on 13 occasions, and inspected the qualifications of C, D, E, F, and G.

C. Accordingly, the Defendant’s Senior Regional Headquarters General Disciplinary Committee, which was held on July 30, 2014, resolved on three months of suspension from office against the Plaintiff.

On August 1, 2014, the Defendant notified the Plaintiff that he/she was punished by the suspension from office for three months as of August 4, 2014.

(hereinafter “instant disposition”) e.

On the other hand, on September 4, 2013, the Defendant received a reprimanded disposition from the Defendant on December 5, 2013 on the ground that H’s personal information and H’s name’s personal information were perused on 65 occasions without permission by receiving a request for verification of H’s telephone number from the person who was known to the general public on September 4, 2013.

바. 관련 규정 ▣ 피고의 인사규정 제38조(직원의 의무) ⑫ 직원은 개인정보를 업무 목적 이외에 무단조회하거나 불법으로 열람유출하여서는 아니 된다.

Article 73 (Grounds for Disciplinary Action) If an employee falls under any of the following subparagraphs, a resolution on disciplinary action shall be requested and disciplinary action shall be taken according to the result of the relevant resolution on disciplinary action:

1. When he has violated any of the obligations of an employee provided for in this Regulation;

2. Where he/she violates his/her duties or neglects his/her duties, disciplinary measures shall be classified into removal, dismissal, suspension from office, reduction in salary, and reprimand.

(2) Each kind of disciplinary action shall be effective as follows:

(hereinafter referred to as "serious")

3. One to three months shall be suspended from office;

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