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(영문) 서울남부지방법원 2016.12.23 2016가합100868
해임무효확인 청구의소
Text

1. It is confirmed that the Defendant’s dismissal against the Plaintiff on August 3, 2015 is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The defendant is a public broadcasting company that operates broadcasting business, and the plaintiff is a person who was employed by the defendant on February 1, 1989 and has been employed in the financial resources management office B business branch of the defendant's headquarters.

B. The Defendant’s dismissal disposition against the Plaintiff (1) held on August 3, 2015, the Civil Service Commission (hereinafter “instant dismissal disposition”) and decided to dismiss the Plaintiff on the ground that the Plaintiff violated Article 4 (Fidelity) and Article 5 (Maintenance of Dignity) of the Defendant’s Rules of Employment, and the Defendant’s electronic post management guidelines were habitually violated, thereby falling under subparagraphs 1 and 3 of Article 55 of the Personnel Regulations. The Defendant’s president issued a dismissal disposition against the Plaintiff according to a disciplinary resolution (hereinafter “instant dismissal disposition”).

At around 10:40 on July 2, 2015, the Plaintiff posted to C such expressions as “Crepacker”, “Brepacker”, “Brepacker”, “Brepacker”, etc. “Brepacker” as “breption to a large citizen”, “brepris”, “breption to a large citizen,” etc., harming the public’s dignity as an employee of the Corporation, thereby disrupting the work order. The Plaintiff deleted it at the relevant department, and then deleted it at around 11:18, posted a new phrase as “Irepacker that is the main body or head office of power,” “I am the public’s fraud,” and “I am the public’s fraud.”

(1) The Plaintiff, around June 4, 2015, shall be posted on the bulletin board of the staff director around 17:13, 2015.

6. 15. The words "KBS", i.e., KBS, jointly named, should be promptly published, isolated, and prevented the spread of new types of infectious diseases, and the public broadcasting KS should naturally disclose, isolate, and report the identity, source, area, etc. in order to cope with new types of infectious diseases, but it can only be seen as the snow of the government as if it were not in the Hohoe rice War.

2.3.2

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