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(영문) 대전지방법원 2020.11.25 2019가합110111
징계처분무효확인 등
Text

On December 20, 2018, the Defendant confirmed that the disciplinary action against the Plaintiff for one year of demotion, etc. against the Plaintiff is null and void.

The costs of lawsuit.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc., and the Plaintiff is a person working as the Defendant B responsible researcher.

B. From around 2012 to 2018, the Plaintiff participated in C Study (C; hereinafter “C”) as indicated in the separate sheet, and published each thesis.

C. On October 2018, the Defendant judged the instant C School Meeting as an insolvent one, and, on November 14, 2018, held a disciplinary committee and took part in the instant C School Association seven times repeatedly from 2012 to 2018, decided to take a disciplinary measure for one year of demotion (hereinafter “instant disciplinary measure”) against the Plaintiff on the ground that the Plaintiff violated Articles 20 (Duty of Good Faith) and 22 (Duty to Maintain Dignity) of the Personnel Regulations. On December 20, 2018, the Defendant notified the Plaintiff of the disciplinary measure.

The Plaintiff filed a petition for review on the instant disciplinary action, but the Defendant dismissed the petition for review on or around March 5, 2019.

Article 20 (Duty of Good Faith) of the Personnel Regulations shall specify the mission of the Institute, comply with the relevant Acts and subordinate statutes, the articles of incorporation, and other regulations, and fulfill faithfully the responsibilities.

Article 22 (Duty to Maintain Dignity) Employees shall ensure that they do so so so so so so that they may not impair the honor and dignity of the Institute, and that they shall try to maintain good honor and dignity with due care to health and quantity.

Article 30 (Types of Disciplinary Action) Disciplinary Action shall be classified into heavy disciplinary action and minor disciplinary action, and the definitions of terms shall be as follows:

1. The term "serious disciplinary action" means removal, demotion, or suspension from office;

2. The term "ordinary disciplinary action" means reduction of salary or reprimand.

Article 31 (Effect of Disciplinary Action) (3) Any demotion shall be made within five years, his/her status shall be held within the limit of five years, but he/she fails to perform his/her duties for six months, and his/her remuneration shall be reduced by 1/3 during the said period.

Provided, That the demotion shall not apply to employees whose grades are not classified.

E. The defendant.

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