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(영문) 서울중앙지방법원 2017.02.09 2016가합505009
해고무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

A. During the discussion on what is to be done, a statement of sexual harassment on the body of female employees was made on the ground that “M is so good that it is so serious that it is sold as it is good, because of its character.”

This is in violation of Article 3 of the Code of Conduct and Conduct of the Defendant Bank, and the equality of opportunity, harassment and harassment regulations.

④ On November 11, 2015, the Plaintiff stated that “Isn't have to know that Isn't have any more times since Isn't have any more than other RM.”

This is against Article 5 of the Code of Conduct and Conduct of Defendant Bank.

Furthermore, due to the above actions by the Plaintiff, the morale of the employees was lowered.

⑨ 원고는 2015. 12. 8. 영업부 회의에서 피고 은행 입사를 포기한 지원자들에 관하여 언급하면서 ‘그 두 명은 참 똑똑해, 우리가 오퍼를 했는데 그 사람들이 똑똑해서 미리 이 은행이 얼마나 후진지 알아보고 안온다고 하잖아, 여기 이 자리에 앉아 있는 사람들은 다 안 똑똑해서 잘 모르고 온거야, ***! 당신이 가장 최근에 온 사람이지 우리 둘은 뭣 모르고 여기에 온 사람들이야’라고 이야기하였다.

This is against Article 1 of the Code of Conduct and Conduct of the Defendant Bank.

Furthermore, due to the above actions of the plaintiff, the morale of the employee was seriously deteriorated.

(10) The Plaintiff prepared a written statement (No. 9) favorable to him/her, and forced K to sign it on December 18, 2015.

This is in violation of Article 3 of the Code of Conduct and Conduct of the Defendant Bank, and the equality of opportunity, harassment and harassment regulations.

① At a meeting held on December 22, 2015, the Plaintiff discussed to the effect that K has committed the misconduct in relation to the misconduct in paragraphs (1), (3), and (4) above.

This is against Article 2 of the Code of Conduct and Conduct of the Defendant Bank.

4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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