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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
Reasons
1. Details of the decision on retrial;
A. The Plaintiff is a corporation that was established on June 15, 1971 and ordinarily employs approximately 1,300 workers and runs educational and medical service business.
B. On May 1, 2006, the Intervenor (1979) entered the C Hospital operated by the Plaintiff and served as a water clinic in the rehabilitation department, and the victim D (192) joined the dispatched company called E Co., Ltd. as an employee of the dispatched company from April 30, 2014 to April 29, 2016, received orders from the Intervenor, etc., and received orders from the Intervenor, etc.
C. On September 23, 2016, the Plaintiff opened a disciplinary committee and resolved to dismiss the Intervenor on the ground of “sexual harassment on the part of the Intervenor in the workplace against the victim,” and notified the Intervenor of the dismissal disposition on October 21, 2016.
(hereinafter “instant disciplinary action”). D.
On November 14, 2016, an intervenor filed an application for remedy to the Seoul Regional Labor Relations Commission that the instant disciplinary action constitutes unfair dismissal.
On January 9, 2017, the Seoul Regional Labor Relations Commission accepted a request for remedy from unfair dismissal on the ground that “The grounds for disciplinary action is recognized, but it is unreasonable to take a disciplinary action.”
Seoul (Seoul 2016da2328, hereinafter referred to as the "First Inquiry Tribunal of this case"). e.
On February 13, 2017, the Plaintiff appealed and filed an application for reexamination on February 13, 2017, but the National Labor Relations Commission rejected the Plaintiff’s application for reexamination on April 12, 2017.
(Central 2017 Annexed 126, hereinafter referred to as “instant decision on reexamination”). [The grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1, 2, and 12 (including each number; hereinafter the same shall apply), the purport of the entire pleadings.
2. Whether the decision on retrial is lawful.
A. The plaintiff's assertion 1 is the superior of the victim, and the plaintiff's allegation is the victim's age female, but the plaintiff was placed in the sugar box and directly opened it to show it to the victim, and it does not merely show it.