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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a corporation that employs 600 full-time workers and aims at tourist hotel business, and a C hotel is operated.
The plaintiff is a person who joined the defendant on December 3, 1993 and works as a cooking employee.
B. On May 31, 2017, the Defendant held a disciplinary committee and made an unanimous decision to punish the Plaintiff as of July 1, 2017 pursuant to Article 25(1) and (2) of the collective agreement concluded between the Defendant and C Hotel trade unions on the following grounds, and notified the Plaintiff on the same day.
On June 7, 2017, the Review Disciplinary Committee was held on June 13, 2017, but the Review Disciplinary Committee maintained a resolution of dismissal of the Plaintiff.
(hereinafter “instant dismissal”). 1. Disciplinary reasons: Violation of the rules by sexual harassment
2. Violation of bylaws - Violation of legitimate duties orders, violations of rules, negligence of duties, etc. under Article 25(1) of the collective agreement, thereby impairing the reputation or credit of the company under Article 25(2) of the collective agreement.
C. Of the collective agreements concluded between the defendant and C Hotel trade unions, the contents pertaining to this case are as follows.
Article 25 (Grounds for Disciplinary Action) A company may take disciplinary action against a member in any of the following cases:
1. When he/she disturbs the discipline and order of the company due to justifiable orders for duties, violations of rules, negligence of duties, etc.;
2. In case of damaging the reputation or credit of the company, the objective burden of proof for the reasons for the disciplinary action specified in Article 26 (Liability for Proof) shall be imposed on the company.
Article 27 (Categories of Disciplinary Action) Types of disciplinary action shall be as follows:
1. Warning: A warning shall be given either in writing or orally;
2. Reprimand: Submission of a written statement of time.
3. Probation: Not more than seven days shall be engaged in duties during the same period, and a half-time report shall be submitted.
4. Reduction of salary: Reduction of a half of the average wage per day on one occasion;
However, the total amount shall be at the time of wage payment.