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(영문) 인천지방법원 2019.10.17 2018가합59143
정직 및 면직무효확인 등
Text

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

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

Reasons

1. Facts of recognition;

A. The defendant is a corporation with the purpose of receiving deposits and installment savings from its members, lending funds to its members, etc. The plaintiff is a person who became a member of the defendant on June 14, 2002 and has been working as a general manager in charge of the management of the loan and the branch office in the Nam-gu Incheon Metropolitan City as the chief director's position and as a branch office in the Nam-gu Incheon Metropolitan City.

B. On December 21, 2016, the Defendant carried out a meeting ceremony at the end of the year, and on December 22, 2016, the following day, the Defendant’s female employees submitted a written statement to the Defendant that “D, a director of the Defendant’s company, committed an indecent act against the female employee E, and at that time, the Plaintiff aided and abetted D to commit an indecent act, such as aiding and abetting the Plaintiff in moving into D’s side” (hereinafter “sexual indecent act case”), and on December 23, 2016, E’s father sought as the Defendant’s office as the Defendant’s head, and made an objection, i.e., taking into account the Plaintiff’s fat, and fating the Plaintiff’s fat.

C. On February 8, 2017, the Defendant held a board of directors to take a two-month disciplinary measure of suspension from office for the following reasons (hereinafter “the first suspension order”) against the Plaintiff, and the Plaintiff did not apply for reexamination.

D director, who is a direct perpetrator, was resigned at that time.

On the other hand, the Plaintiff was reinstated on April 17, 2017 after the end of the first suspension disposition.

With respect to sexual harassment cases that occurred after the Madmon on December 21, 2016:

1. Violation of the code of conduct;

2. Harm to his prestige or dignity, regardless of a connection with his duties.

3. Violation of a compliance pledge and a compliance note.

D. However, on July 21, 2017, E, the victim of a sexual indecent act case, submitted to the Defendant a resignation statement with the following content:

The plaintiff does not seem to be against the victim even after being subject to disciplinary action due to sexual harassment, and emphasizes his suppression before the victim, and helps the actual victim take another mind again.

In addition, it is difficult to suppress the use of positions and to order unfair orders, so the above person is trying to resign the company.

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