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(영문) 서울남부지방법원 2018.05.11 2017가합109664
견책처분무효확인
Text

1. On June 20, 2017, the Defendant confirmed that a reprimand against the Plaintiff is null and void.

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

Reasons

1. Basic facts

A. The Defendant is a corporation whose main purpose is to provide financial services necessary for external economic cooperation, such as export and import, overseas investment, and overseas resources development, etc., and the Plaintiff is a person who entered the Defendant on December 30, 1994 and has been working as the Defendant’s C site store from September 30, 2016 to June 2017.

B. On June 15, 2017, the Defendant held a sexual harassment deliberation committee and decided that the Plaintiff’s act constituted sexual harassment upon the reporting of D (agency) working at C branch constituted sexual harassment. On June 19, 2017, the Defendant held a personnel committee and issued a reprimand on June 20, 2017 to the Plaintiff on the ground of sexual harassment on the job.

(hereinafter “instant reprimand disposition”). The Plaintiff filed an application for reexamination, but the Defendant notified in writing of the result of reexamination that the previous disciplinary disposition is maintained on August 14, 2017.

C. The Defendant’s guidelines for handling and disciplinary actions of sexual harassment on the job related to the instant case and the preventive guidelines of sexual harassment are as follows.

Article 3 (Definition of Sexual Harassment) The term "sexual harassment" used in this Guideline means that a person makes another person feel sexual humiliation or aversion by using his position or sexual words or actions in relation to his duties, etc., or gives disadvantages in employment on account of failing to comply with the sexual words or actions or other demands, etc.

【Standards for Handling and Discipline of Sexual Harassment on Job】

Ⅲ Deliberation on sexual harassment cases conducted within the territory of the Deliberation Committee as deemed necessary by the President of the Deliberation Committee on Measures of Sexual Harassment and as deemed necessary to deal with the procedures for sexual harassment - The chief commissioner in charge of personnel management: The chief of the personnel management department, the head of the team in charge of personnel management, three persons recommended for labor assistance (including two women), if necessary, to appoint external experts (Attorneys-at-Law, etc.) as advisory

Ⅳ If there is a serious fault or gross negligence in the division of disciplinary actions against sexual harassment, the misconduct is serious or gross negligence.

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